UNITED STATES v. CHANCE (2024)

ORDER

At oral argument held on Tuesday, December 5, 2023, the government moved to vacate Chance's conviction on Count 9 of the Second Superseding Indictment in light of the Supreme Court's decision in United States v. Taylor, 596 U.S. 845, 142 S. Ct. 2015, 213 L.Ed.2d 349 (2022); and remand for resentencing on the remaining counts. Chance consented to the government's oral motion. Upon consideration of the government's motion, the Court grants the government's motion, vacates the conviction on Count 9, vacates Chance's sentence, and remands this case to the district court for resentencing on the remaining counts. The clerk is directed to transmit a copy of this order to the district court.

Entered at the direction of Judge Gregory with the concurrence of Judge Richardson and Judge Rushing.

GREGORY, Circuit Judge:

Motion granted, vacated as to Count 9, and remanded for resentencing by published order. Judge Gregory directed entry of the order with the concurrence of Judge Richardson and Judge Rushing.