United States v. Romero-Morales, No. 23-1087 (10th Cir. 2023)

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Appellate Case: 23-1087 Document: 010110838008 Date Filed: 04/04/2023 UNITED STATES COURT OF APPEALS Page: 1 FILED United States Court of Appeals Tenth Circuit FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, April 4, 2023 Christopher M. Wolpert Clerk of Court Plaintiff - Appellee, v. JOSE ROBERTO ROMERO-MORALES, No. 23-1087 (D.C. No. 1:21-CR-00232-WJM-1) (D. Colo.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.** _________________________________ This matter is before the court on the parties’ Joint Motion for Remand, in which they request that the court remand the case to the district court for resentencing. Upon consideration and review of the record, the court: A. Grants the Joint Motion for Remand; B. Remands this case to the district court for resentencing and to undertake, in its discretion, all necessary and appropriate proceedings required to * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. ** Because this matter is being decided on a Joint Motion to Remand for Resentencing this panel has determined unanimously that oral argument would not materially assist in the determination of the appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. Appellate Case: 23-1087 Document: 010110838008 Date Filed: 04/04/2023 Page: 2 resentence Mr. Romero in accord with the Joint Motion to Remand filed here; and C. Directs the Clerk to issue the mandate forthwith. Entered for the Court Per Curiam 2

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