UNITED STATES COURT OF APPEALS
Filed 4/25/96
TENTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee, No. 95-3271
v. (D.C. No.95-3254-DES)
JAMES W. HERSHBERGER, (D. Kan.)
Defendant - Appellant.
ORDER AND JUDGMENT*
Before SEYMOUR, Chief Judge, McKAY and LUCERO, Circuit Judges.
After examining the briefs and the appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of this
appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered
submitted without oral argument.
We AFFIRM for the reasons given by the district court. The mandate shall issue
forthwith.
*
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. The court generally disfavors the
citation of orders and judgments; nevertheless, an order and judgment may be cited under
the terms and conditions of 10th Cir. R. 36.3.
Entered for the Court
Monroe G. McKay
Circuit Judge
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