United States v. Haymond

BRISCOE, Circuit Judge.

This matter is before us upon remand from the Supreme Court. See United States v. Haymond (Haymond III ), --- U.S. ----, 139 S. Ct. 2369, 204 L.Ed.2d 897 (2019).

This court had previously held 18 U.S.C. § 3583(k) unconstitutional, vacated Haymond's sentence, and remanded for resentencing. United States v. Haymond (Haymond II ), 869 F.3d 1153, 1156 (10th Cir. 2017). Following the issuance of our mandate, the district court resentenced Haymond under 18 U.S.C. § 3583(e)(3) to time served on February 14, 2018. After granting certiorari, the Supreme Court agreed that §…