United States v. Arjona

Appellate Case: 21-3099 Document: 010110710063 Date Filed: 07/13/2022 Page: 1
FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT July 13, 2022
___________________________________________
Christopher M. Wolpert
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 21-3099
(D.C. No. 6:19-CR-10025-EFM-1)
MICHAEL A. ARJONA, (D. Kan.)
Defendant - Appellant.
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ORDER AND JUDGMENT *
__________________________________________
Before BACHARACH, BALDOCK, and McHUGH, Circuit Judges.
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Mr. Michael Arjona pleaded guilty to conspiracy to distribute at least
500 grams of methamphetamine and was sentenced to 210 months’
imprisonment and 5 years of supervised release. He appeals.
*
Oral argument would not help us decide the appeal, so we have
decided the appeal based on the record and the parties’ briefs. See Fed. R.
App. P. 34(a)(2)(C); 10th Cir. R. 34.1(G).
Our order and judgment does not constitute binding precedent except
under the doctrines of law of the case, res judicata, and collateral estoppel.
But the order and judgment may be cited for its persuasive value if
otherwise appropriate. See Fed. R. App. P. 32.1(a); 10th Cir. R. 32.1(A).
Appellate Case: 21-3099 Document: 010110710063 Date Filed: 07/13/2022 Page: 2
Mr. Arjona’s counsel seeks leave to withdraw, invoking Anders v.
California, 386 U.S. 738 (1967), and stating that any appellate challenges
would be frivolous. We gave Mr. Arjona an opportunity to respond with
any additional arguments that he might have. But he did not file a
response, and his deadline expired.
We agree with defense counsel that all potential grounds for appeal
would be frivolous. So we grant the motion to withdraw and dismiss the
appeal.
Entered for the Court
Robert E. Bacharach
Circuit Judge
2