United States of America v. Joseph M. Uman

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
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UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSEPH M. UMAN,
Defendant - Appellant.
No. 20-3004
(D.C. No. 2:06-CR-20122-KHV-JPO-1)
(D. Kan.)
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.**
_________________________________
This matter is before the court on the “Joint Motion for Summary
Disposition/Affirmance.” The parties jointly move for summary affirmance of the
district court’s judgment based on this court’s recent published decision in United
States v. Salazar, 987 F.3d 1248 (10th Cir. 2021), en banc reh'g denied Apr. 12,
2021. The parties acknowledge that this court’s decision in Salazar resolves
Defendant-Appellant Uman’s appeal in the government’s favor, but the parties note
* This order and judgment is not binding precedent, except under the doctrines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.
** Because this matter is being decided on a joint motion for summary
affirmance, the panel has determined unanimously that oral argument would not
materially assist in the determination of this appeal. See Fed. R. App. P. 34(f);
10th Cir. R. 34.1(G). The case is therefore submitted without oral argument.
FILED
United States Court of Appeals
Tenth Circuit
April 28, 2021
Christopher M. Wolpert
Clerk of Court
Appellate Case: 20-3004 Document: 010110514242 Date Filed: 04/28/2021 Page: 1

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that Mr. Uman preserves the issue on appeal for review in the United States Supreme
Court.
Accordingly, the joint motion for summary affirmance is GRANTED. Based
on this court’s decision in Salazar, the judgment of the district court is AFFIRMED.
The Clerk is directed to issue the mandate forthwith.
Entered for the Court
Per Curiam
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