United States v. Walker ( 2021 )

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT July 6, 2021
_________________________________
Christopher M. Wolpert
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 20-1304
(D.C. No. 1:06-CR-00320-LTB-2)
MICHAEL WALKER, JR., (D. Colo.)
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 First
Claim for Relief. At the court’s direction, the parties supplemented the joint motion
with additional information. The motion as supplemented asks this court to
remand the first claim for relief the appellant presented to the district court in his
motion for sentencing relief pursuant to 18 U.S.C. § 3582(c) in light of this court’s
recent decisions in United States v. McGee, 992 F.3d 1035 (10th Cir. 2021), and
*
After examining the briefs 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 This order and judgment is not binding
precedent, except under the doctrines of law of the case, res judicata, and collateral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.
United States v. Maumau, 993 F.3d 821 (10th Cir. 2021). The appellant also states
that he is withdrawing the second claim for relief he presented to the district court in
his § 3582(c) motion.
Upon consideration, the joint motion as supplemented is granted. The
appellant’s second claim is withdrawn. This matter is remanded to the district court
with instructions to vacate its order of August 21, 2020, as to the appellant’s first
claim for relief, and to conduct any and all proceedings necessary to consider the
parties’ arguments anew in light of McGee and Maumau. The clerk is directed to
issue the mandate forthwith.
Entered for the Court
Per Curiam
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