UNITED STATES v. ALIRES (2018)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Joe Ray ALIRES, Defendant-Appellant.

No. 17-2076

Decided: October 09, 2018

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.

Paige Messec, David M. Walsh, Office of the United States Attorney, District of New Mexico, Albuquerque, NM, for Plaintiff-Appellee Stephen Patrick McCue, Esq., Federal Public Defender, Office of the Federal Public Defender, District of New Mexico, Albuquerque, NM, for Defendant-Appellant

ORDER AND JUDGMENT *

This matter is before us on the United States’ Status Report and Unopposed Motion for Summary Disposition. The United States moves for summary affirmance of the district court’s sentencing determination in this case in light of this court’s decision in United States v. Turrieta, 875 F.3d 1340 (10th Cir. 2017) and the Supreme Court’s denial of certiorari in Turrieta v. United States, No. 17-8997,––– U.S. ––––, ––– S.Ct. ––––, ––– L.Ed.2d ––––, 2018 WL 2303671 (Oct. 1, 2018). Appellant Joe Ray Alires does not oppose the motion.

Upon consideration, the motion is granted. The judgment of the district court is affirmed.

The mandate shall issue forthwith.

Per Curium

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