United States v. Ojo, No. 22-5041 (10th Cir. 2023)

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Appellate Case: 22-5041 Document: 010110897487 Date Filed: 08/02/2023 UNITED STATES COURT OF APPEALS Page: 1 FILED United States Court of Appeals Tenth Circuit FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, August 2, 2023 Christopher M. Wolpert Clerk of Court Plaintiff - Appellee, v. OLUSOLA OJO a/k/a Sam, No. 22-5041 (D.C. No. 4:20-CR-00100-CVE-2) (N.D. Okla.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT _________________________________ Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. _________________________________ This matter is before the court on the parties’ Joint Motion to Remand, and their supplement to that motion. Upon consideration, the motion is granted as provided below. The deadline for the United States to file its response brief is vacated. This matter is remanded to the district court with instructions to vacate appellant Olusola Ojo’s conviction on Count Eight of the second superseding indictment and to conduct any other proceedings it deems necessary and appropriate in light of the parties’ Joint Motion and supplement. In light of the parties’ Joint Motion, this matter is submitted on the briefs. See Fed. R. App. P. 34(a)(2); 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 This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 22-5041 Document: 010110897487 Date Filed: 08/02/2023 Page: 2 This appeal is dismissed. The mandate shall issue forthwith. Entered for the Court CHRISTOPHER M. WOLPERT, Clerk 2

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