United States v. Graham ( 2019 )

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT April 30, 2019
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 18-3137
(D.C. Nos. 6:16-CV-01174-JTM and
LEO D. GRAHAM, JR., 6:99-CR-10023-JTM-2)
(D. Kan.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
_________________________________
This matter is before the court on the Motion of the United States for Summary
Affirmance and appellant Leo D. Graham, Jr.’s response. The United States moves for
summary affirmance of the district court’s judgment based on this court’s recent
published decision in United States v. Pullen, 913 F.3d 1270 (10th Cir. 2019), en banc
rev. denied April 15, 2019. Mr. Graham does not dispute that United States v. Greer, 881
F.3d 1241 (10th Cir. 2018) and Pullen control the outcome of this appeal and does not
*
After examining the appellate record, this panel has determined unanimously that
oral argument would not materially assist in the determination of this appeal. See Fed. R.
App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without
oral argument. This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. 32.1.
contest summary affirmance of the district court’s judgment, but reserves the right to
petition the United States Supreme Court for certiorari review.
In light of the foregoing and of this court’s decision in Pullen, the court grants the
government’s motion and summarily affirms the judgment of the district court.
Entered for the Court
Per Curiam
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