United States v. Ortega-Moreno

── United States v. Ortega-Moreno ── Court: Court of Appeals for the Tenth Circuit Date: May 18, 2026 Category: General Appellate Case: 25-2036 Document: 53-1 Date Filed: 05/18/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT May 18, 2026 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 25-2036 (D.C. No. 2:24-CR-00378-MIS-1) JOSE ORTEGA-MORENO, (D. N.M.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before McHUGH, BALDOCK, and ROSSMAN, Circuit Judges. _________________________________ Appellant Jose Ortega-Moreno appeals the district court’s denial of his motion to withdraw his plea. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. I. Background Local law enforcement officers responded to a call regarding a truck stuck on railroad tracks in Lordsburg, New Mexico. At the scene, they arrested Appellant for suspected drunk driving and other offenses. When asked for his name, Appellant After examining the briefs and appellate record, this panel has determined * unanimously to honor 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 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 25-2036 Document: 53-1 Date Filed: 05/18/2026 Page: 2 provided the name “Thomas Ruben Moreno.” His state identification card listed the name Ruben Moreno. At some point, Appellant provided the officers with a social security number that corresponds to the name Ruben Moreno whose birth date is August 27, 1961. But the Ruben Moreno associated with the given social security number and birth date died in May 1982. Appellant then provided a different social security number. 1 But no person matched that number. Appellant eventually stated his name was “Jose Moreno Ortega” and his birthdate was July 23, 1953. Based on the conflicting information, the Lordsburg police officers contacted Border Patrol and requested a search on Appellant. The search showed he was removed in 1996 under the name Jose Ortega-Moreno. Thereafter, the officers transported Appellant to the Border Patrol station. Appellant waived his rights, and the Border Patrol agent questioned him. Through that process, he admitted that Jose Ortega-Moreno was his correct name and to using other names in the past. He admitted that he was a Mexican citizen, and that he had previously been ordered removed from the United States. He also admitted he did not apply for permission to re-enter the United States. The police report documented that the fingerprints matched the name “Jose Ortega Moreno,” an individual who was removed from the United States in 1996. Police reports also state Appellant observed to them that 1 The government could not find the person to whom it belonged. The government did find a person with a similar social security number named Thomas More