FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT March 15, 2017
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Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
No. 16-6310
v. (D.C. Nos. 5:10-CR-00056-F-1 and
5:14-CV-00183-F)
DETREK MANCHEL TUCKER, (W.D. Okla.)
Defendant - Appellant.
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ORDER RESCINDING CERTIFICATE OF APPEALABILITY
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Before PHILLIPS, McKAY, and McHUGH, Circuit Judges.
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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, 135 S. Ct. 2551 (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, __S. Ct.__, 2017 WL 855781 (March 6, 2017). In light of that opinion, we have
This order is not binding precedent, except under the doctrines of law of the case,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.
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.
Entered for the Court
Carolyn B. McHugh
Circuit Judge
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