UNITED STATES v. KISSELL (2021)

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

ORDER AND JUDGMENT **

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