United States v. Nichols

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT June 16, 2016
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Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 14-3041
(D.C. No. 6:13-CR-10106-JTM-1)
LESTER RAY NICHOLS, (D. Kansas)
Defendant - Appellant.
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ORDER AND JUDGMENT*
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Before McHUGH, McKAY, and BALDOCK, Circuit Judges.
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In light of the United States Supreme Court’s decision in Nichols v. United States,
136 S. Ct. 1113 (2016), we previously recalled the mandate and vacated the judgment in
this case. The mandate recalled on May 6, 2016, is hereby reissued forthwith. We now
remand to the United States District Court for the District of Kansas for further
proceedings consistent with the Supreme Court’s decision.
Entered for the Court
Carolyn B. McHugh
Circuit Judge
*
This order and judgment is not binding precedent, except under the doctrines of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.