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UNITED
STATES COURT OF APPEALS
TENTH CIRCUIT
| UNITED STATES OF AMERICA, |
|
| Plaintiff - Appellee, |
No. 04-8107
|
| v. |
(D.C. No. 04-MJ-14-ABJ)
|
| DAVID K. ISHAM, |
(D. Wyo.)
|
| Defendant - Appellant. |
|
ORDER
Before HENRY, McKAY, and HARTZ, Circuit Judges.
During oral argument, with exceptional and commendable candor, counsel
for the government conceded that the evidence in this case is insufficient to
support Defendant's conviction of being in actual physical control of a motor
vehicle while under the influence of alcohol pursuant to 36 C.F.R. § 4.23(a)(1)
and moved to remand the case to the district court with directions to dismiss the
charge.(*)
We GRANT the government's motion and
REMAND this case to the
district court with directions to dismiss the charge for violation of 36 C.F.R.
§ 4.23 (a)(1).
Entered for the Court
Monroe G. McKay
Circuit Judge
FOOTNOTES
Click footnote number to return to corresponding location in the text.
*.Defendant did not appeal his conviction for
firearms, and it, therefore,
stands.
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