United States v. Bronson

FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT May 6, 2019 _________________________________ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 18-3131 (D.C. Nos. 2:16-CV-02459-JWL and ABELEE BRONSON, a/k/a Abelee 2:88-CR-20075-JWL-1) Brunson, (D. Kan.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. _________________________________ This matter comes on for consideration of the Motion of the United States for Summary Affirmance and the response filed thereto by Defendant Abellee Bronson. The United States moves for summary affirmance of the district court’s dismissal of Mr. Bronson’s 28 U.S.C. § 2255 motion 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. While Mr. Bronson does not dispute that United States v. * 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Greer, 881 F.3d 1241 (10th Cir. 2018) 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 petition the Supreme Court of the United States for certiorari review. Accordingly, the government’s motion for summary affirmance is granted. The judgment of the district court is AFFIRMED. Entered for the Court Per Curiam 2