United States v. Walker , 684 F. App'x 717 ( 2017 )

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT April 6, 2017
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 16-1429
(D.C. Nos. 1:16-CV-01381-LTB and
MICHAEL WALKER, JR., 1:06-CR-00320-LTB-2)
(D. Colo.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
_________________________________
This matter comes on for consideration of the defendant’s response to this court’s
order of March 24, 2017, in which the defendant was ordered to show cause why the
district court judgment should not be summarily affirmed in light of the Supreme Court
decision in Beckles v. United States, 137 S. Ct. 886 (2017) (holding that the United States
Sentencing Guidelines, including § 4B1.2(a), are not subject to vagueness challenges
under the Due Process Clause). In response, the defendant states that “Undersigned
counsel has failed to identify any legal argument refuting that Beckles controls this case.”
Response at p.1.

This order and judgment is not binding precedent, except under the doctrines of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. 32.1.
Accordingly, the judgment of the district court is AFFIRMED.
The mandate shall issue forthwith.
Entered for the Court
Per Curiam
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