Filed: Dec. 31, 2019
Latest Update: Mar. 03, 2020
Summary: FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 31, 2019 _ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 17-1148 v. (D.C. Nos. 1:16-CV-01499-WYD and 1:11-CR-00278-WYD-1) DAVID J. LAWLESS, (D. Colo.) Defendant - Appellant. _ ORDER AND JUDGMENT * _ Before HARTZ, KELLY, and MATHESON, Circuit Judges. _ This matter is before us on the parties’ Joint Motion for Summary Disposition. David Lawless
Summary: FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 31, 2019 _ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 17-1148 v. (D.C. Nos. 1:16-CV-01499-WYD and 1:11-CR-00278-WYD-1) DAVID J. LAWLESS, (D. Colo.) Defendant - Appellant. _ ORDER AND JUDGMENT * _ Before HARTZ, KELLY, and MATHESON, Circuit Judges. _ This matter is before us on the parties’ Joint Motion for Summary Disposition. David Lawless ..
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FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT December 31, 2019
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
No. 17-1148
v. (D.C. Nos. 1:16-CV-01499-WYD and
1:11-CR-00278-WYD-1)
DAVID J. LAWLESS, (D. Colo.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT *
_________________________________
Before HARTZ, KELLY, and MATHESON, Circuit Judges.
_________________________________
This matter is before us on the parties’ Joint Motion for Summary
Disposition. David Lawless pleaded guilty to one count of using a destructive device
to commit a crime of violence in violation of 18 U.S.C. § 924(c). The government
has conceded that Mr. Lawless’s § 924(c) conviction is invalid under United States v.
Davis,
139 S. Ct. 2319 (2019), and the parties have agreed that the appropriate
remedy is imposition of a judgment of conviction for arson in violation of 18 U.S.C.
§ 844(i).
*
In light of the parties’ joint motion, this matter is submitted on the briefs.
See Fed. R. App. P. 34(a); 10th Cir. R. 34.1(G). This order and judgment is not
binding precedent, except under the doctrines of law of the case, res judicata, and
collateral estoppel. It may be cited, however, for its persuasive value consistent with
Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
Upon consideration, the Joint Motion for Summary Disposition is granted. The
oral argument scheduled for January 21, 2020 is vacated, this appeal is dismissed,
and this matter is remanded with instructions to the district court to vacate the
judgment of conviction for violating 18 U.S.C. § 924(c) that was entered January 11,
2013, enter a judgment of conviction for arson, in violation of 18 U.S.C. § 844(i),
and conduct any and all proceedings necessary to resentence Mr. Lawless on the
arson conviction in light of the parties’ Joint Motion for Summary Disposition.
The Clerk is directed to issue the mandate forthwith.
Entered for the Court
Per Curiam
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