United States v. Bennett, No. 22-6097 (10th Cir. 2022)

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Appellate Case: 22-6097 Document: 010110739678 Date Filed: 09/15/2022 UNITED STATES COURT OF APPEALS Page: 1 FILED United States Court of Appeals Tenth Circuit FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, September 15, 2022 Christopher M. Wolpert Clerk of Court Plaintiff - Appellee, v. DEVIN DEWAYNE BENNETT, No. 22-6097 (D.C. No. 5:21-CR-00180-PRW-1) (W.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 (the “Motion”). Upon consideration, the Motion is granted, as provided below. This matter is remanded to the district court with instructions to vacate Appellant Devin Dewayne Bennett’s sentence and conduct any and all proceedings necessary to resentence Appellant consistent with the grounds presented in the Motion, which is incorporated into this Order and Judgment by reference. * After examining the parties’ motion and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 22-6097 Document: 010110739678 Date Filed: 09/15/2022 This appeal is dismissed. The mandate shall issue forthwith. Entered for the Court Per Curiam 2 Page: 2

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