United States v. Johnson, No. 23-1054 (10th Cir. 2023)

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Appellate Case: 23-1054 Document: 010110957300 Date Filed: 11/22/2023 UNITED STATES COURT OF APPEALS Page: 1 FILED United States Court of Appeals Tenth Circuit FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, November 22, 2023 Christopher M. Wolpert Clerk of Court Plaintiff - Appellee, v. ROBERT VANDORI JOHNSON, No. 23-1054 (D.C. No. 1:22-CR-00046-RM-2) (D. Colo.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.** _________________________________ This matter is before the court on the parties’ Joint Motion to Remand for Resentencing without Application of the Armed Career Criminal Act. The parties move this court to vacate Appellant Robert Vandori Johnson’s sentence and to remand this matter in light of United States v. Taylor, 142 S. Ct. 2015 (2022). * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. ** Because this matter is being decided on a joint motion to remand to the district court, the panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. Appellate Case: 23-1054 Document: 010110957300 Date Filed: 11/22/2023 Page: 2 Upon consideration, the Motion is granted. This matter is remanded to the district court with instructions to vacate Mr. Johnson’s sentence and to conduct further proceedings necessary to resentence him in accordance with Taylor. The Clerk is directed to issue the mandate forthwith. Entered for the Court Per Curiam 2

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