Opinion
20-6142
06-08-2021
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PHILIP JAMES HEATH, Defendant-Appellant.
(D.C. No. 5:19-CR-00087-SLP-1) (W.D. Okla.)
ORDER
This matter is before the court on appellant Philip James Heath's Unopposed Motion for Voluntary Dismissal of Appeal in which he requests that the court dismiss his appeal. The motion attaches a statement, signed by Mr. Heath, demonstrating his knowledge of the right to appeal and expressly electing to withdraw the appeal. See 10th Cir. R. 46.3(C). The government does not oppose the motion.
Upon consideration, the court grants the motion and dismisses this appeal. See Fed. R. App. P. 42(b); 10th Cir. R. 46.3(C). The court directs Mr. Heath's counsel to serve him with a copy of the motion to withdraw and of this order. See 10th Cir. R. 46.3(C) ("Proof of service [of a voluntary motion to dismiss a criminal appeal] must include service on the appellant him or herself.").
A copy of this order shall stand as and for the mandate of the court.