United States v. Smith


[10187227] Affirmed in Part and Remanded in Part;Terminated on the merits after oral hearing;Written, signed, published; Judges Lucero (concurring in part, dissenting in part), Gorsuch (authoring) and Holmes. Mandate to issue. [13-1112]

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Appellate Case: 13-1112 Document: 01019271043 Date Filed: 06/30/2014 Page: 1 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT OFFICE OF THE CLERK Byron White United States Courthouse 1823 Stout Street Denver, Colorado 80257 (303) 844-3157 Elisabeth A. Shumaker Clerk of Court June 30, 2014 Chris Wolpert Chief Deputy Clerk Mr. O. Dean Sanderford Office of the Federal Public Defender Districts of Colorado and Wyoming 633 17th Street, Suite 1000 Denver, CO 80202 RE: 13-1112, United States v. Smith Dist/Ag docket: 1:10-CR-00612-CMA-1 Dear Counsel: Enclosed is a copy of the opinion of the court issued today in this matter. The court has entered judgment on the docket pursuant to Fed. R. App. P. Rule 36. Pursuant to Fed. R. App. P. Rule 40, any petition for rehearing must be filed within 14 days after entry of judgment. Please note, however, that if the appeal is a civil case in which the United States or its officer or agency is a party, any petition for rehearing must be filed within 45 days after entry of judgment. Parties should consult both the Federal Rules and local rules of this court with regard to applicable standards and requirements. In particular, petitions for rehearing may not exceed 15 pages in length, and no answer is permitted unless the court enters an order requiring a response. If requesting rehearing en banc, the requesting party must file 12 paper copies with the clerk, in addition to satisfying all Electronic Case Filing requirements. See Fed. R. App. P. Rules 35 and 40, and 10th Cir. R. 35 and 40 for further information governing petitions for rehearing. Please contact this office if you have questions. Sincerely, Elisabeth A. Shumaker Clerk of the Court Appellate Case: 13-1112 cc: Document: 01019271043 J. Bishop Grewell Robert Mark Russel EAS/sds 2 Date Filed: 06/30/2014 Page: 2

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