United States v. Nahle, No. 20-2008 (10th Cir. 2021)

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UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, FILED United States Court of Appeals Tenth Circuit July 13, 2021 Christopher M. Wolpert Clerk of Court Plaintiff - Appellee, v. WALDO NAHLE, No. 20-2008 (D.C. No. 1:16-CR-03304-MV-1) (D. N.M.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. ** _________________________________ This matter is before the court on the United States’ Unopposed Motion for Remand. The United States moves this court to vacate Appellant Waldo Nahle’s sentence in light of Borden v. United States, 141 S. Ct. 1817 (2021) (holding that criminal offense that requires only a mens rea of recklessness cannot count as a “violent felony” under the Armed Career Criminal Act), and to remand to the district court for further proceedings. The parties agree that Mr. Nahle’s career-offender This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. ** Because this matter is being decided on an unopposed motion to remand to the district court, the panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. * designation was predicated on a prior conviction that is no longer a “violent felony” after Borden. Upon consideration, the Unopposed Motion for Remand is granted. This matter is remanded to the district court with instructions to vacate Mr. Nahle’s sentence and conduct further proceedings necessary to resentence him in accordance with Borden. The Clerk is directed to issue the mandate forthwith. Entered for the Court Per Curiam 2

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