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U.S. v. ONTIVEROS

No. 16-1362.

875 F.3d 533 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Tito ONTIVEROS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED November 7, 2017.

Attorney(s) appearing for the Case

Grant R. Smith , Assistant Federal Public Defender ( Virginia L. Grady , Federal Public Defender, with him on the briefs), Denver, Colorado, for Defendant-Appellant.

J. Bishop Grewell , Assistant United States Attorney ( Emily M. May , Assistant United States Attorney, and Robert C. Troyer , Acting United States Attorney, on the brief), Denver, Colorado, for Plaintiff-Appellee.

Before KELLY, HOLMES, and BACHARACH, Circuit Judges.

Defendant-Appellant, Tito Ontiveros, appeals from the district court judgment resentencing him following the vacation of his original sentence as a result of the Supreme Court's decision in Johnson v. United States ("Johnson II"), ___ U.S. ___, 135 S.Ct. 2551

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