Court of Appeals for the Second Circuit September 17, 2009, No. 08-0158-CR (United States v. Mends)

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that defendant’s guilty plea on count two for aggravated identity theft is vacated and the case remanded for further proceedings.

*896Defendant Nick Mends appeals from a January 7, 2008 judgment of the United States District Court for the Eastern District of New York (Gershon, J.