Appellate Case: 24-8082 Document: 19-1 Date Filed: 02/28/2025 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT February 28, 2025 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 24-8082 (D.C. No. 1:22-CR-00028-ABJ-1) JOSEPH LEE BEECHER, (D. Wyo.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

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

This matter is before the court on appellant Joseph Lee Beecher’s Notice of

Appellant’s Death and Unopposed Motion to Dismiss Appeal and Abate Proceedings, in

which counsel for Mr. Beecher: (1) advises the court of Mr. Beecher’s death; and

(2) moves the court to dismiss Mr. Beecher’s appeal and remand this case to the district

court with instructions to vacate the judgment and dismiss the underlying indictment in

accord with United States v. Davis, 953 F.2d 1482, 1486 (10th Cir. 1992) (holding that

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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 an unopposed motion seeking remand, this panel has determined unanimously that oral argument would not materially assist in the determination of the appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. Appellate Case: 24-8082 Document: 19-1 Date Filed: 02/28/2025 Page: 2

“death pending direct review of a criminal conviction abates not only the appeal but also

all proceedings had in the prosecution from its inception” (citation omitted)).

Upon consideration and review of the record, the court:

A. Grants the motion;

B. Remands this case to the district court with directions to VACATE the

judgment of conviction and DISMISS the underlying indictment; and

C. Directs its Clerk to issue the mandate forthwith.

Entered for the Court

CHRISTOPHER M. WOLPERT, Clerk

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