United States v. Salinas ( 2007 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES CO URT O F APPEALS
April 18, 2007
FO R TH E TENTH CIRCUIT Elisabeth A. Shumaker
Clerk of Court
U N ITED STA TES O F A M ER ICA,
Plaintiff-Appellee,
v. No. 07-6002
(D.C. No. CR-06-181-1-C)
M IKE ROBERT SALINAS, (W .D. Okla.)
Defendant-Appellant.
OR D ER AND JUDGM ENT *
Before KELLY, HA RTZ, and GORSUCH, Circuit Judges.
Defendant M ike Robert Salinas pled guilty to possession with intent to
distribute marijuana. Pursuant to the plea agreement, he waived his right to
appeal his conviction or his sentence, provided his sentence was within or below
the advisory guideline range, as determined by the sentencing court. Defendant’s
sentence w as w ithin the advisory guideline range. Nevertheless, proceeding pro
se, defendant filed a notice of appeal.
*
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 This order and judgment is not binding precedent, except under the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.
The government filed a motion to enforce the plea agreement pursuant to
United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (en banc) (per curiam).
Defendant’s trial counsel moved to withdraw and we granted that motion and
appointed new counsel, M s. Hartfield. M s. Hartfield responded to the
government’s motion to enforce by stating that she had thoroughly reviewed the
record and conferred with defendant and had concluded that there is no
non-frivolous argument that defendant may raise on appeal. M s. Hartfield further
stated that defendant concedes that the government’s motion to enforce is
meritorious and that he does not contest the motion.
Accordingly, we GRANT the motion and DISM ISS the appeal. The
mandate shall issue forthwith.
ENTERED FOR THE COURT
PER CURIAM
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