United States v. Farmer, No. 20-3229 (10th Cir. 2021)

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UNITED STATES COURT OF APPEALS FILED United States Court of Appeals Tenth Circuit FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, January 25, 2021 Christopher M. Wolpert Clerk of Court Plaintiff - Appellee, v. No. 20-3229 (D.C. No. 2:19-CR-20050-JAR-JPO-1) (D. Kan.) RICHEY FARMER, Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. ** _________________________________ This matter is before the court upon: (1) the government’s Motion for Enforcement of Appeal Waiver; (2) appellant Richey Farmer’s response; and (3) the parties’ subsequent Joint Motion to Remand for Additional Trial Court Proceedings. Upon consideration and review of the record, the court: A. Grants the Joint Motion to Remand, remands this case with instructions for the United States District Court for the District of Kansas to vacate the * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. judgment issued on October 30, 2020 and to undertake, in its discretion, all necessary and appropriate proceedings required to resentence Mr. Farmer in accord with the Joint Motion to Remand filed here; B. Denies the Motion for Enforcement without prejudice as moot; and C. Directs the Clerk to issue the mandate forthwith. Entered for the Court Per Curiam 2

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