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U.S. v. HAYMOND

No. 16-5156.

935 F.3d 1059 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Andre Ralph HAYMOND, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed August 23, 2019

Attorney(s) appearing for the Case

William D. Lunn , Tulsa, Oklahoma, for Defendant-Appellant.

R. Trent Shores , United States Attorney, Northern District of Oklahoma, and Leena Alam , Assistant United States Attorney, Northern District of Oklahoma, Office of the United States Attorney for the Northern District of Oklahoma, Tulsa, Oklahoma; Brian A. Benczkowski , Assistant Attorney General, and Matthew S. Miner , Deputy Assistant Attorney General, Office of the Attorney General for the State of Oklahoma, Tulsa, Oklahoma; and Ross B. Goldman , Criminal Division, Appellate Section, United States Department of Justice, Washington, D.C., for Plaintiff-Appellee.

Before BRISCOE, KELLY, and McHUGH, Circuit Judges.

BRISCOE, Circuit Judge.

This matter is before us upon remand from the Supreme Court. See United States v. Haymond (Haymond III), ___ U.S. ___, 139 S.Ct. 2369, 204 L.Ed.2d 897 (2019).

This court had previously held 18 U.S.C. § 3583(k) unconstitutional, vacated Haymond's sentence, and remanded for resentencing. United States v. Haymond (Haymond II), 869 F.3d 1153, 1156 (10th Cir. 2017...

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