FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT May 3, 2019
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 18-3135
(D.C. Nos. 6:16-CV-01169-JTM &
ALLARI GUZMAN, 6:97-CR-10022-JTM-4)
(D. Kan.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
_________________________________
This matter is before us on the Response of the United States to Court Order of
April 18, 2018, within which was a motion seeking summary affirmance of the
district court’s judgment. The United States moves for summary affirmance based on
this court’s recent published decision in United States v. Pullen, 913 F.3d 1270 (10th
Cir. 2019), en banc rev. denied April 15, 2019, and the court’s earlier decision in
United States v. Greer, 881 F.3d 1241 (10th Cir. 2018). While the appellant does not
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument. This order and judgment is not binding
precedent, except under the doctrines of law of the case, res judicata, and collateral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.
dispute that Greer and Pullen control the outcome of this appeal and does not contest
summary affirmance of the district court’s judgment, he reserves the right to appeal
this matter to the United States Supreme Court for further review.
In light of the foregoing, the tolling 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
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