Filed: Dec. 27, 2017
Latest Update: Mar. 03, 2020
Summary: FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 27, 2017 _ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 17-2191 (D.C. No. 5:17-CR-01643-JBM-1) MOISES EUFELIO MARTINEZ, JR., (D. N.M.) Defendant - Appellant. _ ORDER AND JUDGMENT* _ Before BRISCOE, O’BRIEN, and MORITZ, Circuit Judges. _ Moises Eufelio Martinez, Jr., pleaded guilty to a drug offense and was sentenced to 108 months in priso
Summary: FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 27, 2017 _ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 17-2191 (D.C. No. 5:17-CR-01643-JBM-1) MOISES EUFELIO MARTINEZ, JR., (D. N.M.) Defendant - Appellant. _ ORDER AND JUDGMENT* _ Before BRISCOE, O’BRIEN, and MORITZ, Circuit Judges. _ Moises Eufelio Martinez, Jr., pleaded guilty to a drug offense and was sentenced to 108 months in prison..
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FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT December 27, 2017
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 17-2191
(D.C. No. 5:17-CR-01643-JBM-1)
MOISES EUFELIO MARTINEZ, JR., (D. N.M.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before BRISCOE, O’BRIEN, and MORITZ, Circuit Judges.
_________________________________
Moises Eufelio Martinez, Jr., pleaded guilty to a drug offense and was
sentenced to 108 months in prison. He appeals that sentence even though his plea
agreement included a broad waiver of his appellate rights. The government has
moved to enforce the appeal waiver under United States v. Hahn,
359 F.3d 1315
(10th Cir. 2004) (en banc) (per curiam). Through his counsel, Mr. Martinez concedes
that the waiver bars his appeal. Based on this concession and our independent review
of the record, we grant the government’s motion and dismiss the appeal.
Entered for the Court
Per Curiam
*
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This order and judgment is not binding precedent, except under the doctrines of law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.