Dismissal of appeal through enforcement of appeal waiver requires that government, not defendant, raise the issue

APPEAL United States v. Calderon, No. 05-4011, ___ F.3d ___ (10th Cir. Nov. 7, 2005)(Utah). Appeal of conviction for possession with intent to distribute cocaine. HELD: Appeal will not be dismissed on basis of appeal waiver where government fails to seek enforcement of waiver but defense counsel raises issue in Anders brief. Read the opinion here.