Filed: Apr. 13, 2018
Latest Update: Mar. 03, 2020
Summary: FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT April 13, 2018 _ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 17-2215 (D.C. No. 2:12-CR-01922-WJ-1) ADRIAN MIKE, (D. N.M.) Defendant - Appellant. _ ORDER AND JUDGMENT* _ Before BRISCOE, MATHESON, and EID, Circuit Judges. _ Adrian Mike appeals his 24-month term of supervised release imposed following his second supervised release revocation. The pa
Summary: FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT April 13, 2018 _ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 17-2215 (D.C. No. 2:12-CR-01922-WJ-1) ADRIAN MIKE, (D. N.M.) Defendant - Appellant. _ ORDER AND JUDGMENT* _ Before BRISCOE, MATHESON, and EID, Circuit Judges. _ Adrian Mike appeals his 24-month term of supervised release imposed following his second supervised release revocation. The par..
More
FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT April 13, 2018
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 17-2215
(D.C. No. 2:12-CR-01922-WJ-1)
ADRIAN MIKE, (D. N.M.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before BRISCOE, MATHESON, and EID, Circuit Judges.
_________________________________
Adrian Mike appeals his 24-month term of supervised release imposed
following his second supervised release revocation. The parties agree that the 24-
month term conflicts with 18 U.S.C. ยง 3583(h), and request remand for resentencing.
We agree, vacate the 24-month term of supervised release, and remand to the district
court for resentencing.
Entered for the Court
Per Curiam
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument. This order and judgment is not binding
precedent, except under the doctrines of law of the case, res judicata, and collateral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.