United States v. Strandlof

Opinion

FILED

United States Court of Appeals PUBLISH Tenth Circuit

UNITED STATES COURT OF APPEALS July 2, 2012

Elisabeth A. Shumaker

FOR THE TENTH CIRCUIT Clerk of Court

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UNITED STATES OF AMERICA,

Plaintiff - Appellant,

No. 10-1358

v. (D.C. No. 1:09-CR-00497-REB-1)

(D. Colo.)

RICK GLEN STRANDLOF, a/k/a Rick Duncan,

Defendant -

Appellee.________________________

THE AMERICAN LEGION; CHRISTOPHER GUZELIAN,

Amici Curiae.

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ORDER

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Before TYMKOVICH, BALDOCK, and HOLMES, Circuit Judges.

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This matter is before the court following receipt of the appellant’s status report, and in light of the United States Supreme Court’s decision in United States v. Alvarez, 567 U.S.___, (2012)(No. 11-210). In light of that decision, we vacate both the opinion and the judgment issued on January 27, 2012. The July 16, 2010 order of the district court dismissing the amended information and charges against Mr. Strandlof is affirmed. See United States v. Strandlof, 746 F. Supp. 2d 1183 (D. Colo. 2010). On February 2,

2

2012, we issued an order staying issuance of the mandate. We now lift that stay, and issue this order as the mandate of the court.

Entered for the Court

ELISABETH A. SHUMAKER, Clerk