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United States v. Brewster

United States Court of Appeals, Tenth Circuit

November 18, 2013

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
ROBERT ARTHUR BREWSTER, Defendant-Appellant.

D.C. No. 1:13-CR-00081-RBJ-1 (D. Colo.).

Before LUCERO, HOLMES, and BACHARACH, Circuit Judges.

ORDER AND JUDGMENT[*]

PER CURIAM.

After entering into a plea agreement that included a waiver of his right to appeal, Robert Arthur Brewster pleaded guilty to one count of producing child pornography in violation of 18 U.S.C. § 2251(a). He was sentenced to 235 months of imprisonment, lifetime supervised release, and $3, 000 in restitution, and he forfeited certain computer equipment. Notwithstanding the waiver, Mr. Brewster appealed. The government has moved to enforce the appeal waiver under United States v. Hahn, 359 F.3d 1315, 1325, 1328 (10th Cir. 2004) (en banc) (per curiam). In response, through counsel, Mr. Brewster has conceded that the appeal waiver is enforceable. And although we need not address a Hahn factor ...


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