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    United States v. Plascencia-Gomez, 10th Cir. (2007)

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    This document is an order and judgment from the United States Court of Appeals for the Tenth Circuit regarding the case of United States v. Adrian Plascencia-Gomez. The order grants the appellant's unopposed motion for summary remand, declining to consider an issue raised for the first time on appeal. It also denies the appellee's motion to supplement the record on appeal. The case is reversed and remanded to the district court for re-sentencing.

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    United States v. Plascencia-Gomez, 10th Cir. (2007)

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    This document is an order and judgment from the United States Court of Appeals for the Tenth Circuit regarding the case of United States v. Adrian Plascencia-Gomez. The order grants the appellant's unopposed motion for summary remand, declining to consider an issue raised for the first time on appeal. It also denies the appellee's motion to supplement the record on appeal. The case is reversed and remanded to the district court for re-sentencing.

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    Filed: 2007-10-12 Precedential Status: Non-Precedential Docket: 06-3343

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    This document is an order and judgment from the United States Court of Appeals for the Tenth Circuit regarding the case of United States v. Adrian Plascencia-Gomez. The order grants the appellant's unopposed motion for summary remand, declining to consider an issue raised for the first time on appeal. It also denies the appellee's motion to supplement the record on appeal. The case is reversed and remanded to the district court for re-sentencing.

    Copyright:

    Public Domain
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    6 views2 pages

    United States v. Plascencia-Gomez, 10th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    This document is an order and judgment from the United States Court of Appeals for the Tenth Circuit regarding the case of United States v. Adrian Plascencia-Gomez. The order grants the appellant's unopposed motion for summary remand, declining to consider an issue raised for the first time on appeal. It also denies the appellee's motion to supplement the record on appeal. The case is reversed and remanded to the district court for re-sentencing.

    Copyright:

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    of 2

    FILED

    United States Court of Appeals


    Tenth Circuit
    UNITED STATES CO URT O F APPEALS

    September 20, 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.
    AD RIAN PLASCENCIA-GO M EZ,

    No. 06-3343
    (D.C. No. 06-CR-10095-W EB)
    (D . Kan.)

    Defendant-Appellant.

    OR D ER AND JUDGM ENT *

    Before HA RTZ, Circuit Judge, BROR BY, Senior Circuit Judge and
    T YM K O VIC H, Circuit Judge.

    Due to a clerical error, this matter w as originally terminated in an order,


    rather than an order and judgment. W e vacate the order entered on September 20,
    2007. In its place we are issuing this order and judgment nunc pro tunc to
    September 20, 2007.

    After examining the briefs and appellate record, 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.

    Appellants Unopposed M otion for Summary Remand is GRANTED. W e


    decline to consider the issue addressed in the parties appellate briefing, which
    was raised for the first time on appeal. See Singleton v. Wulff, 428 U.S. 106, 120
    (1976); Lyons v. Jefferson Bank & Trust, 994 F.2d 716, 720-21 (10th Cir. 1993).
    Appellees M otion to Supplement Record on Appeal is DENIED. This case is
    REVERSED and REM ANDED to the district court for re-sentencing.
    The mandate shall issue forthwith.

    Entered for the Court

    Timothy M . Tymkovich
    Circuit Judge

    -2-

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