United States v. Kittredge , 284 F. App'x 588 ( 2008 )


Menu:
  •                                                                          FILED
    United States Court of Appeals
    Tenth Circuit
    UNITED STATES COURT OF APPEALS                  July 17, 2008
    Elisabeth A. Shumaker
    TENTH CIRCUIT                      Clerk of Court
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    No. 07-1028
    v.                                              (D.C. No. 04-CR-262-MSK)
    (D. Colo.)
    ANTHONY ROBERT KITTREDGE,
    Defendant - Appellant.
    ORDER AND JUDGMENT *
    Before KELLY, MURPHY, and O’BRIEN, Circuit Judges. **
    Defendant-Appellant Anthony Robert Kittredge pleaded guilty to robbery
    affecting commerce, 
    18 U.S.C. § 1951
    (a), and brandishing a firearm during and in
    relation to the above, 
    18 U.S.C. § 924
    (c). He was sentenced to 24 months’
    imprisonment on the robbery affecting commerce count, and 84 months on the
    firearm count, to be served consecutively, and four years’ supervised release
    *
    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
    however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
    Cir. R. 32.1.
    **
    After examining the briefs and the appellate record, this three-judge
    panel has determined unanimously that oral argument would not be of material
    assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th
    Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.
    thereafter. On direct appeal, we affirmed. United States v. Kittredge, 251 Fed.
    App’x 569 (10th Cir. 2007) (unpublished). The Supreme Court has now vacated
    our judgment and remanded to us for further consideration in light of Gall v.
    United States, 
    128 S. Ct. 586
     (2007). See Kittredge v. United States, No. 07-
    8859, 
    2008 WL 177748
     (May 12, 2008). Upon consideration thereof, we remand
    to the district court to vacate Mr. Kittredge’s sentence and resentence him in light
    of Gall.
    Entered for the Court
    Paul J. Kelly, Jr.
    Circuit Judge
    -2-
    

Document Info

Docket Number: 07-1028

Citation Numbers: 284 F. App'x 588

Judges: Kelly, Murphy, O'Brien

Filed Date: 7/17/2008

Precedential Status: Non-Precedential

Modified Date: 8/3/2023