United States of America, Plaintiff-appellee, v. Jose Juan Cervantes-alvarado, Defendant-appellant, 968 F.2d 21 (10th Cir. 1992)

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US Court of Appeals for the Tenth Circuit - 968 F.2d 21 (10th Cir. 1992) June 23, 1992

Before JOHN P. MOORE, TACHA and BRORBY, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

This is an appeal from a non-conditional guilty plea. The defendant attempts to obtain a reversal of his conviction on the ground that the district court did not ascertain whether the government could prove a non-jurisdictional element of the offense to which he plead guilty. Without considering whether the issue can be raised on direct appeal, we conclude it has been waived by the plea. United States v. Gipson, 835 F.2d 1323, 1324 (10th Cir.), cert. denied, 486 U.S. 1044 (1988).

AFFIRMED. The mandate shall issue forthwith.


This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3