JUDGMENT ISSUED.

MANDATE ISSUED.

Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Birchfield v. North Dakota, 579 U. S. ___ (2016).

DISTRIBUTED for Conference of October 28, 2016.

Letter from counsel for respondent dated September 22, 2016, received.

Response Requested . (Due October 11, 2016)

DISTRIBUTED for Conference of September 26, 2016.

Waiver of right of respondent North Dakota to respond filed.

Petition for a writ of certiorari filed. (Response due September 8, 2016)

Geoffrey Timm, Petitioner, represented by Dan Herbel

North Dakota, Respondent, represented by Richard J. Riha

North Dakota, Respondent, represented by Wade A. Davison