UNITED STATES v. STAPLES

No. 91-5033.

30 F.3d 108 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Harold E. STAPLES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 21, 1994.


Attorney(s) appearing for the Case

Susan W. Pennington, Asst. U.S. Atty. (Tony M. Graham, U.S. Atty. and Neal B. Kirkpatrick, Asst. U.S. Atty., with her on the brief), Tulsa, OK, for plaintiff-appellee.

Clark O. Brewster of Brewster and Shall-cross (Jennifer L. DeAngelis with him on the brief), Tulsa, OK, for defendant-appellant.

Before ANDERSON and EBEL, Circuit Judges, and ANDERSON, District Judge.


STEPHEN H. ANDERSON, Circuit Judge.

Pursuant to the opinion of the United States Supreme Court in Staples v. United States, ___ U.S. ___, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994), the court recalls its mandate and vacates its judgment. The judgment of conviction entered by the district court is also vacated.

The appellant has consistently challenged the sufficiency of the evidence in this case, including motions at trial for a judgment of acquittal at...

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