United States v. Tucker

680 F. App'x 786

Opinion

ORDER RESCINDING CERTIFICATE OF APPEALABILITY *

Carolyn B. McHugh, Circuit Judge.

On February 22, 2017, we issued an Order Denying in Part and Granting in Part Certificate of Appealability, in which we granted a certificate of appealability as to “[w]hether, post-Johnson [v. United States, — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015) ], Mr. Tucker’s conviction under Oklahoma law for discharge of a firearm into a dwelling constitutes a crime of violence under U.S.S.G. § 4B1.2(a).” That same day, we issued an order appointing counsel to represent Mr. Tucker, and setting a supplemental briefing schedule.

On March 6, 2017, the Supreme Court issued its opinion in Beckles v. United States, — U.S. —, 137 S.Ct. 886, 197 L.Ed.2d 145, 2017 WL 855781 (March 6, 2017). In light of that opinion, we have determined that the aforementioned certificate of appealability was improvidently granted. Accordingly, we RESCIND the certificate of appealability issued on February 22, 2017, and DISMISS this appeal.

* This order is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.