FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT March 9, 2017
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 17-1002
(D.C. Nos. 1:16-CV-01416-WJM and
DERRICK DESEAN RICHARDSON, 1:13-CR-00353-WJM-1)
(D. Colo.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
_________________________________
This matter is before us on the appellee’s Motion for Summary Affirmance (the
“Motion”). The United States moves for summary affirmance of the district court’s order
and separate judgment denying relief under 28 U.S.C. § 2255 in light of the Supreme
Court’s decision in Beckles v. United States, __S. Ct.__, 2017 WL 855781 (March 6,
2017). The appellant Derrick Desean Richardson does not oppose the Motion.
Upon consideration, the Motion is granted. The judgment of the district court is
affirmed.
*
This order and judgment is not binding precedent, except under the doctrines of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.
The mandate shall issue forthwith.
Entered for the Court
Per Curiam
2