UNITED STATES v. NICHOLS (2019)

ORDER AND JUDGMENT *

This matter is before us on the “Motion of the United States for Summary Affirmance” (“Motion”). The United States moves for summary affirmance of the district court’s judgment based on this court’s recent published decision in United States v. Pullen, 913 F.3d 1270 (10th Cir. 2019), en banc rev. denied April 15, 2019. Defendant-Appellant does not dispute that United States v. Greer, 881 F.3d 1241 (10th Cir. 2018) and Pullen control the outcome of this appeal; Mr. Nichols does not contest summary affirmance of the district court’s judgment, but he reserves the right to appeal this matter to the United States Supreme Court for further review.

In light of the foregoing, the abatement of this matter is LIFTED, and the Motion is GRANTED. In light of this court’s decision in Pullen, the judgment of the district court is AFFIRMED.

Per Curiam