Appellate Case: 23-3260 Document: 48-1 Date Filed: 10/22/2025 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT October 22, 2025 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-3260 (D.C. Nos. 2:19-CV-02394-JAR-JPO, ASHAWNTUS S. MCCAMBRY, 2:19-CV-02491-JAR, & 2:16-CR-20003-DDC-1) Defendant - Appellant. (D. Kan.)

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UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-3262 (D.C. Nos. 2:18-CV-02463-JAR-JPO, NICHOLAS MATTHEW HURTADO, 2:19-CV-02491-JAR, & 2:15-CR-20032-DDC-2) Defendant - Appellant. (D. Kan.)

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-3269 (D.C. Nos. 2:18-CV-2501-JAR-JPO, DAVID SHEVLIN, 2:19-CV-02491-JAR, & 2:15-CR-20099-DDC-1) Defendant - Appellant. (D. Kan.)

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UNITED STATES OF AMERICA,

Plaintiff - Appellee, Appellate Case: 23-3260 Document: 48-1 Date Filed: 10/22/2025 Page: 2

v. No. 23-3277 (D.C. Nos. 2:18-CV-2117-JAR-JPO, GREGORY RAPP, 2:19-CV-02491-JAR, & 2:14-CR-20067-JAR-1) Defendant - Appellant. (D. Kan.) _________________________________

ORDER DENYING CERTIFICATE OF APPEALABILITY * _________________________________

Before HOLMES, Chief Judge, MATHESON, and EID, Circuit Judges. _________________________________

These matters are before us on the Appellants’ Unopposed Motion to Summarily

Resolve Appeals, wherein they each request a certificate of appealability (COA) on the

following issue:

Did the district court err when it concluded that the Sixth Amendment is not violated if the government establishes the absence of prejudice when a prosecutor intentionally and unjustifiably intrudes on the defendant’s confidential attorney- client communications after the defendant pleads guilty but before the defendant is sentenced?

Appellants each acknowledge that, absent a COA, these appeals must be dismissed. 28

U.S.C. § 2253(c). They also acknowledges that this court is bound by both United States

v. Orduno-Ramirez, 61 F.4th 1263 (10th Cir. 2023) and United States v. Hohn, 123 F.4th

1084 (10th Cir. 2024) to deny the requested certificates of appealability.

Upon consideration, the abatement of these matters is lifted. Each appeal shall

proceed on the preliminary record already on file. Appellants’ requests for a COA are

* This order is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel.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. 2 Appellate Case: 23-3260 Document: 48-1 Date Filed: 10/22/2025 Page: 3

foreclosed by Orduno-Ramirez and Hohn. Accordingly, we deny a COA for each appeal

and dismiss these matters.

Entered for the Court

CHRISTOPHER M. WOLPERT, Clerk

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