USA v. Christopher Mateen

Filing

PER CURIAM OPINION and JUDGMENT filed : The judgment of sentence is VACATED, and the case is REMANDED to the district court for resentencing with instructions to reconsider in the first instance whether Mateen s conviction for Gross Sexual Imposition triggers application of the statutory sentencing enhancement, consistent with the opinion of this court.decision for publication. R. Guy Cole, Jr., Chief Judge; Danny J. Boggs, Alice M. Batchelder, Karen Nelson Moore, Eric L. Clay (CONCURRING IN THE JUDGMENT), Julia Smith Gibbons, John M. Rogers, Jeffrey S. Sutton, Deborah L. Cook, David W. McKeague, Richard Allen Griffin, Raymond M. Kethledge, Helene N. White, Jane Branstetter Stranch, and Bernice Bouie Donald, Circuit Judges.

Case: 12-4481

Document: 63-3

Filed: 08/26/2014

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 12-4481

FILED

UNITED STATES OF AMERICA,
Plaintiff - Appellant,

Aug 26, 2014
DEBORAH S. HUNT, Clerk

v.
CHRISTOPHER J. MATEEN,
Defendant - Appellee.
Before: COLE, Chief Judge; BOGGS, BATCHELDER, MOORE, CLAY, GIBBONS,
ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE,
WHITE, STRANCH, and DONALD, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
UPON CONSIDERATION of the petition for rehearing en banc, the supplemental briefs
and arguments of counsel,
IT IS ORDERED that the judgment of sentence is VACATED, and the case is
REMANDED to the district court for resentencing with instructions to reconsider in the first
instance whether Mateen’s conviction for Gross Sexual Imposition triggers application of the
statutory sentencing enhancement, consistent with the opinion of this court.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk