United States v. Uhegwu

Appellate Case: 22-6093 Document: 010110806395 Date Filed: 02/01/2023 Page: 1
FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT February 1, 2023
_________________________________
Christopher M. Wolpert
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 22-6093
(D.C. No. 5:20-CR-00154-G-1)
DOMINIC DAMOND UHEGWU, (W.D. Okla.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MATHESON, KELLY, and PHILLIPS, Circuit Judges.**
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This matter is before the court on the United States’ motion for summary
affirmance, based on this court’s recent decision in United States v. Harbin, 56 F.4th
843 (10th Cir. 2022). In response, Defendant-Appellant Dominic Damond Uhegwu
does not dispute that Harbin controls the outcome of this appeal and does not object
to the government’s motion. We further note that Mr. Uhegwu makes an additional
argument for preservation purposes only, that we should overrule United States v.
*
This order and judgment is not binding precedent, except under the doctrines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.
**
After examining the briefs and 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.
Appellate Case: 22-6093 Document: 010110806395 Date Filed: 02/01/2023 Page: 2
Jones, 15 F.4th 1288 (10th Cir. 2021). This argument also must be rejected. United
States v. Manzanares, 956 F.3d 1220, 1225 (10th Cir. 2020).
In light of the foregoing, the motion for summary affirmance is GRANTED
and the judgment of the district court is AFFIRMED.
Entered for the Court
Paul J. Kelly, Jr.
Circuit Judge
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