Skip to main content


United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. John Stephen KISSELL, Defendant-Appellant.

No. 20-3162

Decided: June 21, 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, Daniel T. Hansmeier, Office of the Federal Public Defender, District of Kansas, Kansas City, KS, for Defendant-Appellant


This matter is before the court on the parties’ Joint Motion to Vacate and Remand. The parties jointly move this court to vacate Appellant John Stephen Kissell's sentence in light of Borden v. United States, 2021 WL 2367312, ––– U.S. ––––, 141 S.Ct. 817, ––– L.Ed.2d –––– (June 10, 2021) (holding that criminal offense that requires only a mens rea of recklessness cannot count as a “violent felony” under the Armed Career Criminal Act), and to remand to the district court for further proceedings. The parties agree that Borden resolves this appeal in Mr. Kissell's favor.

Upon consideration, the Joint Motion to Vacate and Remand is granted. This matter is remanded with instructions to vacate Mr. Kissell's sentence and conduct further proceedings necessary to resentence him in accordance with Borden.

The Clerk is directed to issue the mandate forthwith.

Per Curiam

Was this helpful?

Thank you. Your response has been sent.

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law

Docket No: No. 20-3162

Decided: June 21, 2021

Court: United States Court of Appeals, Tenth Circuit.

Get a profile on the #1 online legal directory

Harness the power of our directory with your own profile. Select the button below to sign up.

Sign up

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Learn more about the law
Copied to clipboard