United States v. Martinez

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT
_________________________________
UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JOSE MARTINEZ, a/k/a Jose Lucas
Martinez-Almaraz,

Defendant - Appellant.

No. 19-3218
(D.C. No. 6:19-CR-10057-JWB-1)
(D. Kan.)
_________________________________
ORDER AND JUDGMENT
*

_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
_________________________________
This matter is before us on the 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 the appellant does not dispute that Lira-
Ramirez controls the outcome of this appeal and does not contest summary

*
Upon consideration of the United States’ motion and the appellant’s status
report filed May 7, 2020, 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 This order and judgment is not binding precedent,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 13, 2020

Christopher M. Wolpert
Clerk of Court
Appellate Case: 19-3218 Document: 010110347058 Date Filed: 05/13/2020 Page: 1

2

affirmance of 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 abatement of proceedings in this appeal is lifted,
and the appellee’s motion for summary affirmance is granted. The judgment of the
district court is affirmed.
Entered for the Court
Per Curiam
Appellate Case: 19-3218 Document: 010110347058 Date Filed: 05/13/2020 Page: 2