FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT March 8, 2017
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Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 16-1328
(D.C. Nos. 1:16-CV-01222-JLK and
KOLEN KALANI KAIMANA, 1:12-CR-00323-JLK-1)
(D. Colo.)
Defendant - Appellant.
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ORDER AND JUDGMENT
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Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
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This matter is before us on Appellee’s Unopposed Motion for Summary
Affirmance. The United States moves for summary affirmance of the district court’s
sentencing determination in this case in light of the Supreme Court’s decision in Beckles
v. United States, __S. Ct.__, 2017 WL 855781 (March 6, 2017). Appellant Kolen Kalani
Kaimana does not oppose the motion.
Upon consideration, the motion is granted. The judgment of the district court is
affirmed. The mandate shall issue forthwith.
Entered for the Court
Per Curiam
This order and judgment is not binding precedent, except under the doctrines of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.