United States v. Slanina

313 F.3d 891, 2002 U.S. App. LEXIS 24271, 2002 WL 31680795

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before JOLLY, SMITH and BENAVIDES, Circuit Judges.

BY THE COURT:

IT IS ORDERED that appellant’s motion for summary remand is GRANTED. We view the Supreme Court order of remand to this court as vacating the judgment of this court, not the judgment and conviction of the district court. We remand to the district court, as suggested by both parties, so that the district court may decide in the first instance the impact of Ashcroft v. Free Speech Coalition, 535 U.S. 234, 122 S.Ct. 1389, 152 L.Ed.2d 403 (2002), on the judgment of conviction and sentence.