United States of America v. Andrew Gibbs, a/k/a Andrew Lee Gibbs

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
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UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANDREW GIBBS, a/k/a Andrew Lee
Gibbs,
Defendant - Appellant.
No. 22-5020
(D.C. No. 4:21-CR-00144-GKF-1)
(N.D. Okla.)
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
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This matter is before us on the parties’ Joint Motion to Remand. The parties
agree that the district court constructively amended the indictment via a jury
instruction defining sexual contact, and Appellant Andrew Gibbs is entitled to relief
for plain error.
Upon consideration, the Joint Motion to Remand is granted. Mr. Gibbs’
conviction on Count Two is vacated. This appeal is dismissed and this matter is
* In light of the parties’ joint motion, oral argument is not necessary, and this
matter is submitted on the briefs. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
This order and judgment is not binding precedent, except under the doctrines of law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.
FILED
United States Court of Appeals
Tenth Circuit
October 20, 2022
Christopher M. Wolpert
Clerk of Court
Appellate Case: 22-5020 Document: 010110756228 Date Filed: 10/20/2022 Page: 1

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remanded with instructions to the district court to enter an amended judgment as to
County Three only consistent with the Joint Motion to Remand.
The Clerk is directed to issue the mandate forthwith.
Entered for the Court
Per Curiam
Appellate Case: 22-5020 Document: 010110756228 Date Filed: 10/20/2022 Page: 2

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