United States v. Hernandez-Mendez

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT
_________________________________
UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

IGNACIO HERNANDEZ-MENDEZ,

Defendant - Appellant.

No. 19-3247
(D.C. No. 2:18-CR-20055-DDC-1)
(D. Kan.)
_________________________________
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 This order and judgment is not binding precedent, except under the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.
FILED
United States Court of Appeals
Tenth Circuit

May 26, 2020

Christopher M. Wolpert
Clerk of Court
Appellate Case: 19-3247 Document: 010110351890 Date Filed: 05/26/2020 Page: 1

2

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
Appellate Case: 19-3247 Document: 010110351890 Date Filed: 05/26/2020 Page: 2