United States Court of AppealsTenth Circuit
May 19, 2014
Elisabeth A. ShumakerClerk of Court
UNITED STATES COURT OF APPEALSTENTH CIRCUIT__________________________
UNITED STATES OF AMERICA,Plaintiff - Appellee,v.MONTGOMERY CHITTY,Defendant - Appellant. No. 13-1405(D.Ct. No. 1:11-CR-00516-MSK-1)(D. Colo.)
______________________________ORDER AND JUDGMENT
, Circuit Judges, and
, Senior Circuit Judge.After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oralargument.
Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is thereforesubmitted without oral argument.Appellant Montgomery Chitty appeals his sentence on grounds the districtcourt erred in applying the statutory, mandatory minimum sentence of twenty
This order and judgment is not binding precedent except under thedoctrines of law of the case,
and collateral estoppel. It may be cited,however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10thCir. R. 32.1.