UNITED STATES v. HERNANDEZ MENDEZ (2020)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Ignacio HERNANDEZ-MENDEZ, Defendant - Appellant.

No. 19-3247

Decided: May 26, 2020

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. James A. Brown, Scott C. Rask, Office of the United States Attorney, District of Kansas, Kansas City, KS, for Plaintiff-Appellee 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 United States’ 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 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 motion for summary affirmance is granted. The judgment of the district court is affirmed.

Per Curiam