10th Circuit remands cases back to District Court after Supreme Court remand.

This brief non-precedential order from the Tenth Circuit is based on 2 cases that the U.S. Supreme Court ordered remanded back based on Carpenter v. U.S. (see blog post August 9). This case involves the fairly typical fact pattern of the Government obtaining CSLI through a subpoena and a Stored Communications Act order.

The original opinions affirming the convictions and rulings regarding CSLI were United States v. Thompson, 866 F.3d 1149 (10th Cir. 2017) and United States v. Banks, 706 Fed. Appx. 455 (10th Cir. 2017).

After remand, the Tenth Circuit ordered supplemental briefing from the parties. After reading the briefs, the 10th Circuit decided to forgo oral argument and ordered both cases remanded back to the District Court for further proceedings.

The case is United States v. Thompson, 2018 U.S. App. LEXIS 29949, Tenth Circuit, October 18, 2018.

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