UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

MICHAEL COLLEY,

Defendant-Appellant.

No. 06-2189

(D.C. No. CR-04-1460-JH)

(D. N.M.)

ORDER AND JUDGMENT*

Before MURPHY, McCONNELL, and TYMKOVICH, Circuit Judges.

On September 19, 2006, the government filed a motion to enforce the plea agreement executed by the parties. This court granted defendant two extensions of time to file his response to the motion. The first extension required that defendant's response be filed on October 16, and the second extended the response date to October 26.1 To date, defendant has not filed a response.

Upon consideration of the unopposed motion to enforce the plea agreement, along with the plea agreement, plea hearing transcript and sentencing hearing transcript attached to the motion, we GRANT the motion and DISMISS the appeal. The mandate shall issue forthwith.

ENTERED FOR THE COURT

PER CURIAM