Summary
In Ward, the appellate court noted the case had been held in abatement pending issuance of the mandate in a related case.
Summary of this case from Persimmon Ridge, LLC v. ZinkeOpinion
No. 17-3182
04-11-2018
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOHN D. WARD, Defendant - Appellant.
(D.C. Nos. 5:16-CV-04109-DDC and 5:01-CR-40050-DDC-1)
(D. Kan.) ORDER AND JUDGMENT Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. --------
This matter is before us on the United States' Motion for Summary Affirmance. The United States moves for summary affirmance of the district court's judgment in light of this court's decision in United States v. Greer, 2018 WL 721675 (10th Cir. Feb. 6, 2018). In response, Appellant John D. Ward acknowledged that Greer answers the question raised in this appeal and the court could summarily affirm. However, he suggested that summary affirmance was premature prior to issuance of the mandate in Greer. On March 7, 2018, the court abated this appeal and its consideration of the United States' motion for summary affirmance pending issuance of the mandate in Greer.
The mandate in Greer issued on April 2, 2018. Accordingly, the abatement of this appeal is lifted and the United States' Motion for Summary Affirmance is granted. In light of this court's decision in United States v. Greer, 2018 WL 721675 (10th Cir. Feb. 6, 2018), the judgment of the district court is affirmed.
Entered for the Court
Per Curiam