United States v. Hernandez-Mendez ( 2020 )

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT May 26, 2020
_________________________________
Christopher M. Wolpert
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 19-3247
(D.C. No. 2:18-CR-20055-DDC-1)
IGNACIO HERNANDEZ-MENDEZ, (D. Kan.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
_________________________________
This matter is before us on the United States’ Motion for Summary
Disposition/Affirmance. The United States moves for summary affirmance based on this
court’s recent published decision in United States v. Lira-Ramirez, 951 F.3d 1258 (10th
Cir. 2020), en banc rev. denied May 1, 2020. While Appellant does not dispute that Lira-
Ramirez controls the outcome of this appeal and does not contest summary affirmance of
the district court’s judgment, he reserves the right to petition the United States Supreme
Court for further review.
*
Upon consideration of the United States’ motion and Appellant’s May 7,
2020 status report, this panel unanimously agrees that this matter can be submitted on
these materials and without oral argument. See Fed. R. App. P. 34(a)(2); 10th Cir. R.
34.1(G). This order and judgment is not binding precedent, except under the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. R. 32.1.
In light of the foregoing, the motion for summary affirmance is granted. The
judgment of the district court is affirmed.
Entered for the Court
Per Curiam
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