UNITED STATES v. MARTINEZ (2020)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Jose MARTINEZ, a/k/a Jose Lucas Martinez-Almaraz, Defendant - Appellant.

No. 19-3218

Decided: May 13, 2020

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. James A. Brown, Office of the United States Attorney, District of Kansas, Topeka, KS, Aaron L. Smith, Office of the United States Attorney, District of Kansas, Wichita, KS, Melody Brannon, Office of the Federal Public Defender, District of Kansas, Topeka, KS, Daniel T. Hansmeier, Office of the Federal Public Defender, District of Kansas, Kansas City, KS, for Defendant-Appellant

ORDER AND JUDGMENT *

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 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.

Per Curiam