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UNITED STATES OF AMERICA, Plaintiff - Appellee, v. THOMAS O'HARA, II, Defendant-Appellant.

(D.C. No. 1:21-CR-00190-WJM-1) (D. Colo.)

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.

ORDER

This matter is before the court on appellant's Suggestion of Death, in which the court is advised that Appellant Thomas O'Hara, II died on February 19, 2025, while in the custody of the Federal Bureau of Prisons.

Upon consideration, we dismiss this direct criminal appeal, and this matter is remanded to the district court with instructions to vacate the judgment and dismiss the underlying indictment. United States v. Davis, 953 F.2d 1482, 1486 (10th Cir. 1992).

A copy of this order shall stand as and for the mandate of the court.

Entered for the Court

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United States v. O'Hara
(Mar 3, 2025)