United States v. Bailey

── United States v. Bailey ── Court: Court of Appeals for the Tenth Circuit Date: May 07, 2026 Category: General Appellate Case: 25-2094 Document: 32-1 Date Filed: 05/07/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT May 7, 2026 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 25-2094 (D.C. No. 1:24-CR-00039-KWR-2) DEMETRIUS ANTONNIE BAILEY, (D. N.M.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before HARTZ, MATHESON, and ROSSMAN, Circuit Judges. _________________________________ Demetrius Antonnie Bailey pled guilty to 10 criminal counts and was sentenced to 264 months in prison, plus a five-year term of supervised release. He filed a timely notice of appeal. His counsel submitted an Anders brief stating that the appeal presents no non-frivolous grounds for reversal. After careful review of the * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.  Appellate Case: 25-2094 Document: 32-1 Date Filed: 05/07/2026 Page: 2 record, we agree. We therefore grant counsel’s motion to withdraw and dismiss the appeal. I. BACKGROUND Between July and September 2023, Mr. Bailey and another individual committed a series of armed robberies of businesses in Albuquerque, New Mexico. A. Indictment A federal grand jury indicted Mr. Bailey on 10 criminal counts: (1) one count of conspiracy to interfere with commerce by robbery, in violation of 18 U.S.C. § 1951; (2) seven counts of interference with commerce by robbery, in violation of 18 U.S.C. §§ 1951 and 2; (3) one count of using, carrying, and brandishing a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. §§ 924(c)(1)(A)(ii) and 2; and (4) one count of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924. 1 B. Plea Agreement Mr. Bailey entered into a plea agreement with the Government. Under the agreement’s terms, Mr. Bailey agreed to plead guilty to all 10 of the charged counts. The agreement outlined the elements and the minimum and maximum penalties for each count. It further set forth Mr. Bailey’s admission of facts as to each count. 1 Mr. Bailey was originally indicted on three criminal counts. The grand jury later returned two superseding indictments. Mr. Bailey pled guilty to the second superseding indictment. 2  Appellate Case: 25-2094 Document: 32-1 Date Filed: 05/07/2026 Page: 3 The parties recommended, under Federal Rule of Criminal Procedure