United States of America v. Ontiveros-Ruiz
United States Court of Appeals Tenth Circuit
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
April 24, 2009
Elisabeth A. Shumaker Clerk of Court
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MARIO ONTIVEROS-RUIZ, Defendant-Appellant. No. 09-6006 (D.C. No. 5:08-CR-00173-HE-1) (W.D. Okla.)
ORDER AND JUDGMENT *
Before HARTZ, O'BRIEN, and McCONNELL, Circuit Judges.
This matter is before the court on the government's motion to enforce the appeal waiver contained in defendant's plea agreement. The motion is filed pursuant to United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (en banc) (per curiam). In response, defendant concedes that there are no non-frivolous reasons to dispute the government's motion.
This panel has determined unanimously that oral argument would not materially assist 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.
Accordingly, the government's motion is GRANTED, and the appeal is DISMISSED.
ENTERED FOR THE COURT PER CURIAM
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?