UNITED STATES v. NAHLE (2021)

ORDER AND JUDGMENT **

This matter is before the court on the United States’ Unopposed Motion for Remand. The United States moves this court to vacate Appellant Waldo Nahle's sentence in light of Borden v. United States, ––– U.S. ––––, 141 S. Ct. 1817, ––– L.Ed.2d –––– (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 Mr. Nahle's career-offender designation was predicated on a prior conviction that is no longer a “violent felony” after Borden.

Upon consideration, the Unopposed Motion for Remand is granted. This matter is remanded to the district court with instructions to vacate Mr. Nahle's sentence and conduct further proceedings necessary to resentence him in accordance with Borden.

The Clerk is directed to issue the mandate forthwith.