UNITED STATES v. RUCKER (2021)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Larry RUCKER, Defendant - Appellant.

No. 20-3164

Decided: April 06, 2021

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.*

Jared S. Maag, Office of the United States Attorney, District of Kansas, Topeka, KS, for Plaintiff - Appellee Melody Brannon, Office of the Federal Public Defender, District of Kansas, Topeka, KS, Kayla Gassmann, Office of the Federal Public Defender, District of Kansas, Kansas City, KS, for Defendant - Appellant

ORDER AND JUDGMENT **

Appellant Larry Rucker filed this post-conviction appeal of the district court's July 30, 2020 order denying a sentence reduction under 18 U.S.C. § 3582(c)(1)(A). We abated this appeal pending a decision in United States v. Maumau, No. 20-4056.

The parties have filed a Joint Motion for Summary Disposition to summarily vacate the district court's July 30, 2020 order and to remand due to a supervening change of law, specifically this court's recent decisions in United States v. McGee, No. 20-5047, 992 F.3d 1035 (10th Cir. Mar. 29, 2021) and United States v. Maumau, No. 20-4056, 993 F.3d 821 (10th Cir. Apr. 1, 2021).

Upon consideration, we lift the abatement of this appeal and grant the parties’ Joint Motion for Summary Disposition. We hereby vacate the district court's July 30, 2020 order denying a sentence reduction under 18 U.S.C. § 3582(c)(1)(A) and remand for further proceedings consistent with United States v. McGee and United States v. Maumau.

The Clerk is directed to issue the mandate forthwith.

Per Curiam

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