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TENTH CIRCUIT
No. 07-2203
District of New Mexico
Defendant-Appellant.
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). This case is
therefore 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 This order and judgment is not
binding precedent, except under the doctrines of law of the case, res judicata, and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.
for economic betterment and to support his family, that he has been employed,
that his prior felony conviction for drug trafficking did not involve violence or
firearms, and that he had been released from prison on that charge having served
only eight months of a one-year sentence. On this basis, we see no plausible
grounds for arguing that imposing a bottom-of-the-range 27-month sentence was
beyond the district courts discretion.
II.
We have carefully reviewed the record, and are satisfied that there are no
non-frivolous issues for appeal. We therefore GRANT Mr. Baiamontes motion
to withdraw and DISMISS the appeal. It is ORDERED, that the docket of this
case shall be amended to reflect Mr. Rivas-Gonzalezs correct middle name as
Navor instead of Navoz.
Entered for the Court,
Michael W. McConnell
Circuit Judge
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