United States v. Rochel-Cervantes

Opinion

FILED

United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT May 26, 2020

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Christopher M. Wolpert

Clerk of Court

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 19-3263 (D.C. No. 6:19-CR-10056-JWB-1)

SIMON ROCHEL-CERVANTES, (D. Kan.)

Defendant - Appellant.

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ORDER AND JUDGMENT*

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Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.

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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

*

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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.

the district court’s judgment, he reserves the right to petition the United States Supreme

Court for further review.

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