United States v. Haag ( 2019 )

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT July 25, 2019
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 18-3255
(D.C. No. 6:18-CR-10086-JWB-1)
ALAN J. HAAG, (D. Kan.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before BACHARACH, SEYMOUR, and McHUGH, Circuit Judges.
_________________________________
On September 7, 2018, defendant Alan J. Haag was convicted of a single count
of possession of a firearm by a prohibited person pursuant to 18 U.S.C. §922(g)(1).
Judgment entered on November 28, 2018, and this appeal followed. On July 23, 2019
the parties filed a Joint Motion for Summary Disposition. In the Motion, the parties
request that we vacate Mr. Haag’s conviction in light of Rehaif v. United States, 139
S. Ct. 2191 (2019), and that we direct a remand so that the United States may dismiss
*
The oral argument hearing set originally for September 26, 2019 is vacated,
and all counsel are excused from attendance. In light of this disposition, the 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is not binding precedent, except under the doctrines of law of the case, res judicata,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.
Mr. Haag’s 18 U.S.C. §922(g)(1) charge. Upon consideration, the Motion is granted
as modified in this Order and Judgment.
We grant the parties’ request to dispose of this appeal by summary disposition
in light of the Rehaif decision. We remand, however, with instructions for the district
court to vacate the conviction and to allow the United States to dismiss the
underlying charge.
The Clerk is directed to issue the mandate forthwith.
Entered for the Court
Per Curiam
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