United States v. Uman, No. 20-3004 (10th Cir. 2021)

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UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, FILED United States Court of Appeals Tenth Circuit April 28, 2021 Christopher M. Wolpert Clerk of Court Plaintiff - Appellee, v. JOSEPH M. UMAN, No. 20-3004 (D.C. No. 2:06-CR-20122-KHV-JPO-1) (D. Kan.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.** _________________________________ This matter is before the court on the “Joint Motion for Summary Disposition/Affirmance.” The parties jointly move for summary affirmance of the district court’s judgment based on this court’s recent published decision in United States v. Salazar, 987 F.3d 1248 (10th Cir. 2021), en banc reh'g denied Apr. 12, 2021. The parties acknowledge that this court’s decision in Salazar resolves Defendant-Appellant Uman’s appeal in the government’s favor, but the parties note * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. ** Because this matter is being decided on a joint motion for summary affirmance, the panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. that Mr. Uman preserves the issue on appeal for review in the United States Supreme Court. Accordingly, the joint motion for summary affirmance is GRANTED. Based on this court’s decision in Salazar, the judgment of the district court is AFFIRMED. The Clerk is directed to issue the mandate forthwith. Entered for the Court Per Curiam 2

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