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United States Court of Appeals, Tenth Circuit.

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KELLY J. WINEGAR, Defendant - Appellant.

No. 16-3242

    Decided: April 14, 2017

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.


This appeal was abated pending a decision by this court in United States v. Collins, No. 15-3084.Collins was decided on February 14, 2017, and a petition for panel rehearing was granted on April 7, 2017 on a limited basis to issue a revised opinion. This matter is before us on Appellant Kelly Winegar's Status Report wherein he states that the one issue he intended to raise on appeal—whether the statutory maximum term of imprisonment for a subsequent revocation is measured by the penalties applicable to the first revocation instead of the penalties applicable to the initial conviction—was rejected by Collins, and he is, therefore, constrained to admit that this court should summarily affirm the district court. Upon consideration of Appellant's status report and in light of this court's decision in Collins, the judgment of the district court is affirmed.

The mandate shall issue forthwith.

Entered for the Court

Per Curiam

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