United States of America, Plaintiff-appellee, v. Alvaro Gutierrez, Defendant-appellant, 963 F.2d 383 (10th Cir. 1992)

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U.S. Court of Appeals for the Tenth Circuit - 963 F.2d 383 (10th Cir. 1992)

May 15, 1992

Before JOHN P. MOORE, ENGEL*  and KELLY, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

Upon the concession of the Government that the evidence in this case is insufficient to support the conviction, the judgment of the district court is REVERSED, the conviction of the defendant is VACATED, and the defendant shall be forthwith released from custody. The mandate shall issue immediately.


Honorable Albert J. Engel, Circuit Judge for the United States Court of Appeals for the Sixth Circuit, sitting by designation


This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3