Opinion
Docket No. 141160.COA No. 269250.
2011-09-23
PEOPLE of the State of Michigan, Plaintiff–Appellant,v.Michael William MUNGO, Defendant–Appellee.
Prior report: 488 Mich. 920, 789 N.W.2d 666; 288 Mich.App. 167, 792 N.W.2d 763.
Order
By order of October 29, 2010, we granted leave to appeal the April 13, 2010 judgment of the Court of Appeals. By order of April 5, 2011, this case was held in abeyance pending the decision in Davis v. United States, cert. gtd. ––– U.S. ––––, 131 S.Ct. 502, 178 L.Ed.2d 368 (2010). On order of the Court, the case having been decided on June 16, 2011, Davis v. United States, ––– U.S. ––––, 131 S.Ct. 2419, 180 L.Ed.2d 285 (2011), we VACATE our October 29, 2010 order that granted leave to appeal, we VACATE the Court of Appeals judgment of April 13, 2010, and we REMAND this case to the Court of Appeals for reconsideration in light of Davis. The motion to file supplemental authority is DENIED as moot.
We do not retain jurisdiction.
ZAHRA, J., did not participate because he was on the Court of Appeals panel.