United States v. Harris, No. 23-6042 (10th Cir. 2023)

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Appellate Case: 23-6042 Document: 010110904986 Date Filed: 08/18/2023 UNITED STATES COURT OF APPEALS Page: 1 FILED United States Court of Appeals Tenth Circuit FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, August 18, 2023 Christopher M. Wolpert Clerk of Court Plaintiff - Appellee, v. JALEN WOLFELKINS HARRIS, No. 23-6042 (D.C. No. 5:22-CR-00021-J-1) (W.D. Okla.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. _________________________________ This matter is before us on the United States’ Unopposed Motion to Remand. The United States moves to remand this case to allow the district court to reconsider its sentencing decisions in light of United States v. Blackbird, 949 F.3d 530 (10th Cir. 2020) and United States v. Englehart, 22 F.4th 1197 (10th Cir. 2022). Appellant Jalen Wolfelkins Harris does not oppose the motion. Upon consideration, the Motion to Remand is granted. Mr. Harris’s sentence is vacated, and this matter is remanded with instructions to the district court to conduct In light of the United States’ 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 23-6042 Document: 010110904986 Date Filed: 08/18/2023 Page: 2 any and all proceedings necessary to reconsider its sentencing decisions in light of the United States’ Unopposed Motion to Remand. The Clerk is directed to issue the mandate forthwith. Entered for the Court Per Curiam 2

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