UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellant,

v.

ROBERT WAYNE COOK,

Defendant - Appellee.

No. 02-7086

(D.C. No. 02-CR-15-S)

(E.D. Oklahoma)

ORDER AND JUDGMENT*

Before TACHA, Chief Judge, PORFILIO and BALDOCK, Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

The United States appealed from the district court's dismissal of the indictment against Robert Wayne Cook for lack of jurisdiction. Subsequently, the United States filed a motion to dismiss this appeal. We GRANT the motion to dismiss and DISMISS the appeal.

Entered for the Court

Deanell Reece Tacha

Chief Judge