United States v. Rodriguez

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT March 28, 2017
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 16-1384
(D.C. Nos. 1:16-CV-01444-RM and
DANIEL ADOLPH RODRIGUEZ, 1:14-CR-00377-RM-1)
(D. Colo.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
_________________________________
This matter comes on for consideration of the government’s Fed. R. App. P. 28(j)
letter in which the government informs the court of the Supreme Court decision in
Beckles v. United States, ___ S. Ct. ___, 2017 WL 855781 (March 6, 2017), and the
defendant’s “Statement Re: Beckles,” in which the defendant states that he “agrees with
the Government that Beckles forecloses relief in this case.”
Upon consideration thereof, the judgment of the district court is AFFIRMED.

This order and judgment is not binding precedent, except under the doctrines of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 mandate shall issue forthwith.
Entered for the Court
Per Curiam
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