UNITED STATES v. MOON (2021)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Merrill Ross MOON, Defendant-Appellant.

No. 20-1333

Decided: July 02, 2021

Before MATHESON and BACHARACH, and PHILLIPS, Circuit Judges.

James C. Murphy, Office of the United States Attorney, District of Colorado, Denver, CO, for Plaintiff-Appellee Meredith B. Esser, Office of the Federal Public Defender, Districts of Colorado and Wyoming, Denver, CO, for Defendant-Appellant

ORDER AND JUDGMENT *

This matter is before the court on the Government's Unopposed Motion for Remand, by which it requests that this court vacate the U.S. District Court for the District of Colorado's order sentencing Appellant, and remand to the district court for further proceedings in light of the United States Supreme Court's decision in Borden v. United States, ––– U.S. ––––, 141 S.Ct. 1817, ––– L.Ed.2d –––– (2021).

Upon consideration, the court grants the motion, vacates the district court's sentencing order, remands the case to the district court for further proceedings in light of Borden v. United States, ––– U.S. ––––, 141 S.Ct. 1817, ––– L.Ed.2d –––– (2021), and dismisses this appeal.

The mandate shall issue forthwith.

Per Curiam

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