Case Explained: United States v. Ortiz

Court: United States Court of Appeals for the Tenth Circuit Filed: 2026-06-16 Docket: 5:25-CR-03701-MIS-1) The Tenth Circuit granted the government’s motion to enforce an appeal waiver and dismissed the defendant’s criminal appeal. The court held that the defendant, Robert Louis Ortiz, III, had waived his right to appeal any sentence at or under the maximum statutory penalty in a plea agreement, and his arguments regarding the substantive and procedural reasonableness of his 322-month sentence fell squarely within that waiver. Applying the standard set forth in *United States v. Hahn*, 359 F.3d 1315 (10th Cir. 2004) (en banc), the court conducted an independent review of the record and found no indication that the waiver was not knowing and voluntary, that a non-waived claim existed, or that enforcement would result in a miscarriage of justice. Consequently, the court granted Ortiz’s appointed counsel’s motion to withdraw under *Anders v. California* and dismissed the appeal for lack of jurisdiction. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.