ORDER AND JUDGMENT
Carolyn B. McHugh, Circuit Judge
In light of the United States Supreme Court’s decision in Nichols v. United States, — U.S.-, 136 S.Ct. 1113, 194 L.Ed.2d 324 (2016), we previously recalled the mandate and vacated the judgment in this case. The mandate recalled on May 6, 2016, is hereby reissued forthwith. We now remand to the United States District Court for the District of Kansas for further proceedings consistent with the Supreme Court’s decision.
This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.