Appellate Case: 23-3171 Document: 010111083745 Date Filed: 07/23/2024 Page: 1

FILED

United States Court of Appeals

PUBLISH Tenth Circuit

UNITED STATES COURT OF APPEALS July 23, 2024

Christopher M. Wolpert

FOR THE TENTH CIRCUIT Clerk of Court

_________________________________ UNITED STATES OF AMERICA,

Plaintiff - Appellee, v. No. 23-3171

(D.C. No. 5:17-CR-40085-TC-1) DARNELL TYREE-PEPPERS, (D. Kan.)

Defendant - Appellant.

_________________________________

ORDER

_________________________________ Before HARTZ, EID, and CARSON, Circuit Judges.

_________________________________

This matter is before the court on the parties’ Joint Motion to Vacate Decision for Lack of Jurisdiction (Motion). Upon careful consideration, the motion is GRANTED as follows.

Our June 24, 2024 judgment and opinion in this matter are VACATED, and this matter is DISMISSED AS MOOT. This order removes both the res judicata and stare decisis effect of the vacated judgment and opinion. “We do not depublish our opinion, however, because such action would not have additional legal effect and the opinion may Appellate Case: 23-3171 Document: 010111083745 Date Filed: 07/23/2024 Page: 2 be useful to someone in the future simply as a description of the course of the case.” City Ctr. W., LP v. Am. Mod. Home Ins. Co., 749 F.3d 912, 914 (10th Cir. 2014) (internal quotation marks and citations omitted).

Entered for the Court,

CHRISTOPHER M. WOLPERT, Clerk

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