United States v. Harris ( 2021 )

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT March 18, 2021
_________________________________
Christopher M. Wolpert
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
No. 20-2163
v. (D.C. No. 2:10-CR-03150-JAP-1)
(D. N.M.)
ARTHUR HARRIS,
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
_________________________________
This matter is before the court on the government’s Unopposed Motion for
Remand, by which it requests that this appeal be remanded to the U.S. District Court
for the District of New Mexico (Las Cruces) to address Appellant’s challenges to
certain supervised-release conditions. Upon consideration, the motion is granted as
set forth herein. This matter is remanded to the district court for further proceedings
*
This order and judgment is not binding precedent, except under the doctrines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.
to address (1) the lack of pre-hearing notice of Special Condition 171, as required by
United States v. Bruce, 458 F.3d 1157, 1167-68 (10th Cir. 2006), and (2) Appellant’s
challenges to Special Conditions 16 and 18, and the Special Condition included in the
written judgment that was not orally imposed at sentencing.
This appeal is dismissed. The mandate shall issue forthwith.
Entered for the Court
Per Curiam
1
The Special Conditions at issue are referred to by the numbering used in the
parties’ briefing in this appeal.
2