Appellate Case: 23-1054 Document: 010110957300 Date Filed: 11/22/2023 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT November 22, 2023 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-1054 (D.C. No. 1:22-CR-00046-RM-2) ROBERT VANDORI JOHNSON, (D. Colo.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.** _________________________________

This matter is before the court on the parties’ Joint Motion to Remand for

Resentencing without Application of the Armed Career Criminal Act. The parties move

this court to vacate Appellant Robert Vandori Johnson’s sentence and to remand this

matter in light of United States v. Taylor, 142 S. Ct. 2015 (2022).

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. ** Because this matter is being decided on a joint motion to remand to the district court, the panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. Appellate Case: 23-1054 Document: 010110957300 Date Filed: 11/22/2023 Page: 2

Upon consideration, the Motion is granted. This matter is remanded to the district

court with instructions to vacate Mr. Johnson’s sentence and to conduct further

proceedings necessary to resentence him in accordance with Taylor.

The Clerk is directed to issue the mandate forthwith.

Entered for the Court

Per Curiam

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