United States v. Acey, No. 21-6027 (10th Cir. 2021)
Annotate this Case
Download PDF
Appellate Case: 21-6027 Document: 010110556828 Date Filed: 08/03/2021 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, Page: 1 FILED United States Court of Appeals Tenth Circuit August 3, 2021 Christopher M. Wolpert Clerk of Court Plaintiff - Appellee, v. KENYATTA WAYNE ACEY, No. 21-6027 (D.C. No. 5:10-CR-00153-F-1) (W.D. Okla.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before TYMKOVICH, Chief Judge, MATHESON and PHILLIPS, Circuit Judges. _________________________________ This matter is before the court on the government’s Motion for Remand (the “Motion”). At the court’s direction, the defendant filed a response to the Motion. The defendant does not oppose remanding this case to the district court. Upon consideration, the Motion is granted, as provided below. This matter is fully remanded to the district court with instructions to vacate the orders entered February 10, 2021 denying the defendant’s motion for * After examining the parties’ submissions and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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 Federal Rule of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1. Appellate Case: 21-6027 Document: 010110556828 Date Filed: 08/03/2021 Page: 2 compassionate release and February 22, 2021 denying the defendant’s motion to reconsider the order denying his motion for compassionate release. The district court is directed to consider the defendant’s motion for compassionate release anew with consideration given to this court’s recent decisions in United States v. McGee, 992 F.3d 1035 (10th Cir. 2021), and United States v. Maumau, 993 F.3d 821 (10th Cir. 2021), along with any other factors and matters it deems appropriate under the circumstances. The district court may conduct any and all proceedings it deems necessary and proper to complete the proceedings on remand. This appeal is dismissed. The mandate shall issue forthwith. Appellant’s motion to proceed on appeal in forma pauperis is granted. Entered for the Court Per Curiam 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
