United States v. Martinez, No. 19-3218 (10th Cir. 2020)

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UNITED STATES COURT OF APPEALS FILED United States Court of Appeals Tenth Circuit FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, May 13, 2020 Christopher M. Wolpert Clerk of Court Plaintiff - Appellee, v. JOSE MARTINEZ, a/k/a Jose Lucas Martinez-Almaraz, No. 19-3218 (D.C. No. 6:19-CR-10057-JWB-1) (D. Kan.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. _________________________________ 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 LiraRamirez controls the outcome of this appeal and does not contest summary * Upon consideration of the United States’ motion and the appellant’s status report filed May 7, 2020, this panel unanimously agrees that this matter can be submitted on these materials and without oral argument. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 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. Entered for the Court Per Curiam 2

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