United States of America v. Ontiveros-Ruiz

Filing 920090424


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FILED 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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 -2-

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