UNITED STATES v. GRAHAM (2019)

ORDER AND JUDGMENT *

This matter is before the court on the Motion of the United States for Summary Affirmance and appellant Leo D. Graham, Jr.'s response. The United States moves for summary affirmance of the district court's judgment based on this court's recent published decision in United States v. Pullen, 913 F.3d 1270 (10th Cir. 2019), en banc rev. denied April 15, 2019. Mr. Graham does not dispute that United States v. Greer, 881 F.3d 1241 (10th Cir. 2018) and Pullen control the outcome of this appeal and does not contest summary affirmance of the district court's judgment, but reserves the right to petition the United States Supreme Court for certiorari review.

In light of the foregoing and of this court's decision in Pullen, the court grants the government's motion and summarily affirms the judgment of the district court.

Per Curiam