UNITED STATES v. HAAG (2019)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Alan J. HAAG, Defendant-Appellant.

No. 18-3255

Decided: July 25, 2019

Before BACHARACH, SEYMOUR, and McHUGH, Circuit Judges.

James A. Brown, Office of the United States, Attorney District of Kansas, Topeka, KS, for Plaintiff-Appellee Melody Brannon, Paige Nichols, Office of the Federal Public Defender, District of Kansas, Topeka, KS, for Defendant-Appellant

ORDER AND JUDGMENT *

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, ––– U.S. ––––, 139 S. Ct. 2191, ––– L.Ed.2d –––– (2019), and that we direct a remand so that the United States may dismiss 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.

Per Curiam

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