United States v. Pinon-Ayon, No. 10-8001 (10th Cir. 2010)
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FILED United States Court of Appeals Tenth Circuit August 20, 2010 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 10-8001 v. (D. of Wyo.) GILBERTO PINON-AYON, (D.C. No. 09-CR-210-CAB) Defendant-Appellant. ORDER Before HARTZ, ANDERSON, and TYMKOVICH, Circuit Judges. * Gilberto Pinon-Ayon was convicted of conspiracy to distribute methamphetamine and appealed the district court s decision to enhance his sentence. The United States of America has filed an unopposed motion to vacate the defendant s sentence and remand to the district court for a new sentencing hearing. Having jurisdiction pursuant to 28 U.S.C. § 1291, we GRANT the motion. We agree the district court should review the evidence and make specific and independent findings to justify an obstruction of justice enhancement pursuant to * After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument. USSG § 3C1.1. See United States v. Mares, 441 F.3d 1152, 1160 61 (10th Cir. 2006); United States v. Markum, 4 F.3d 891, 897 (10th Cir. 1993). We therefore VACATE Pinon-Ayon s sentence and REMAND to the district court for a new sentencing hearing. Because we are vacating Pinon-Ayon s sentence, we do not address his arguments regarding whether the district court erred in including additional methamphetamine in calculating his relevant conduct. ENTERED FOR THE COURT Timothy M. Tymkovich Circuit Judge -2-
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