United States v. Martinez, No. 21-2114 (10th Cir. 2022)

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Appellate Case: 21-2114 Document: 010110689375 Date Filed: 05/26/2022 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, Page: 1 FILED United States Court of Appeals Tenth Circuit May 26, 2022 Christopher M. Wolpert Clerk of Court Plaintiff - Appellee, v. THERESA MARIE MARTINEZ, No. 21-2114 (D.C. No. 1:19-CR-02516-MV-1) (D. N.M.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. _________________________________ This matter is before us on Appellant Theresa Marie Martinez’s Unopposed Motion for Remand. The motion for remand notes that the United States filed a brief conceding that Ms. Martinez was erroneously sentenced and requesting remand for resentencing. Ms. Martinez requests this court to remand to the district court for further proceedings. The United States concurs. * In light of the unopposed motion for remand to the district court, this case is submitted without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Appellate Case: 21-2114 Document: 010110689375 Date Filed: 05/26/2022 Page: 2 Upon consideration, we grant the Unopposed Motion to Remand. This case is remanded with instructions to the district court to conduct any and all proceedings necessary in light of Ms. Martinez’s motion for remand, including expressing its intended prison sentence as a term of days or months. The mandate shall issue forthwith. Entered for the Court Per Curiam 2

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