United States v. Harris, No. 20-2163 (10th Cir. 2021)
Annotate this Case
Download PDF
UNITED STATES COURT OF APPEALS FILED United States Court of Appeals Tenth Circuit FOR THE TENTH CIRCUIT _________________________________ March 18, 2021 Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 20-2163 (D.C. No. 2:10-CR-03150-JAP-1) (D. N.M.) v. ARTHUR HARRIS, Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. _________________________________ This matter is before the court on the government’s Unopposed Motion for Remand, by which it requests that this appeal be remanded to the U.S. District Court for the District of New Mexico (Las Cruces) to address Appellant’s challenges to certain supervised-release conditions. Upon consideration, the motion is granted as set forth herein. This matter is remanded to the district court for further proceedings * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. to address (1) the lack of pre-hearing notice of Special Condition 171, as required by United States v. Bruce, 458 F.3d 1157, 1167-68 (10th Cir. 2006), and (2) Appellant’s challenges to Special Conditions 16 and 18, and the Special Condition included in the written judgment that was not orally imposed at sentencing. This appeal is dismissed. The mandate shall issue forthwith. Entered for the Court Per Curiam 1 The Special Conditions at issue are referred to by the numbering used in the parties’ briefing in this appeal. 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.
