United States v. Goodwin

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT May 5, 2021
_________________________________
Christopher M. Wolpert
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 21-3029
(D.C. No. 6:10-CR-10083-EFM-1)
JOAL WILLIAM GOODWIN, (D. Kan.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
_________________________________
Appellant Joal William Goodwin filed a pro se motion and a counseled amended
motion for a reduced sentence under 18 U.S.C. § 3582(c)(1)(A), which the district court
denied. Goodwin appealed, and the parties now jointly move for summary disposition
and remand to the district court, stating that: (1) "the district court's holding that it could
not consider the fact that Mr. Goodwin would no longer be subject to the enhanced career
offender sentencing scheme as an extraordinary and compelling reason for a reduction
under § 3582(c)(1)(A) conflicts with [United States v. Maumau, No. 20-4056, 2021 WL
1217855 (10th Cir. Apr. 1, 2021) and United States v. McGee, No. 20-5047, 2021 WL
1168980 (10th Cir. Mar. 29, 2021)]” and (2) “it remains for the district court to decide
*
This order and judgment is not binding precedent, except under the doctrines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.
whether that sentencing change, plus Mr. Goodwin's ‘unique circumstances,’ constitute
extraordinary and compelling reasons for a § 3582(c)(1)(A) reduction.” Accordingly, the
parties ask this court to “vacate the district court's order and remand for further
proceedings consistent with McGee and Maumau."
Upon consideration, the court grants the parties’ Joint Motion for Summary
Disposition, vacates the district court's January 12, 2021 order denying a sentence
reduction under 18 U.S.C. § 3582(c)(1)(A), and remands for further proceedings
consistent with McGee and Maumau.
The Clerk is directed to issue the mandate forthwith.
Entered for the Court
Per Curiam
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