Opinion
Criminal Case No. 07-cr-00371-REB-03.
March 24, 2010
ORDER
On February 26, 2010, the mandate of United States Court of Appeals for the Tenth Circuit issued in appellate action 09-1033. See Mandate [#287] filed February 26, 2010. The mandate was issued in response to United States v. Headman, 594 F.3d 1179 (10th Cir. 2010), in which the court of appeals remanded the case to the district court to vacate either his conviction of felony murder or his conviction of kidnapping. This order is entered in response to that opinion and the resultant mandate.
THEREFORE, IT IS ORDERED as follows:
1. That the conviction and concomitant sentence for kidnapping as charged in Count Three of the Indictment are VACATED; and
2. That the Judgment in a Criminal Case [#236] entered January 21, 2009, is AMENDED and SUPPLEMENTED accordingly.