U.S. v. Aguilar, 922 F.3d 1173 (2019)

May 3, 2019 · United States Court of Appeals for the Tenth Circuit · No. 17-3192

922 F.3d 1173

UNITED STATES of America, Plaintiff-Appellee,
v.
Raymond Garcia AGUILAR, Defendant-Appellant.

No. 17-3192

United States Court of Appeals, Tenth Circuit.

Filed May 3, 2019

ORDER AND JUDGMENT^*

This matter is before us on the "Motion of the United States for Summary Affirmance" ("Motion"). The United States moves for summary affirmance of the district court's judgment 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. Defendant-Appellant does not dispute that United States v. Greer, 881 F.3d 1241 (10th Cir. 2018) and Pullen control the outcome of this appeal; Mr. Aguilar does not contest summary affirmance of the district court's judgment, but he reserves the right to appeal this matter to the United States Supreme Court for further review.

In light of the foregoing, the Motion is GRANTED. Based on this court's decision in Pullen, the judgment of the district court is AFFIRMED.

*. After examining the 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.