United States of America v. Richey Farmer

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
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UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RICHEY FARMER,
Defendant - Appellant.
No. 20-3229
(D.C. No. 2:19-CR-20050-JAR-JPO-1)
(D. Kan.)
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ORDER AND JUDGMENT*
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Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.**
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This matter is before the court upon: (1) the government’s Motion for Enforcement
of Appeal Waiver; (2) appellant Richey Farmer’s response; and (3) the parties’
subsequent Joint Motion to Remand for Additional Trial Court Proceedings. Upon
consideration and review of the record, the court:
A. Grants the Joint Motion to Remand, remands this case with instructions for
the United States District Court for the District of Kansas to vacate the
* This order and judgment is not binding precedent, except under the doctrines of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.
** Because this matter is being decided on a Joint Motion to Remand for
Resentencing this panel has determined unanimously that oral argument would not
materially assist in the determination of the appeal. See Fed. R. App. P. 34(a)(2); 10th
Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.
FILED
United States Court of Appeals
Tenth Circuit
January 25, 2021
Christopher M. Wolpert
Clerk of Court
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judgment issued on October 30, 2020 and to undertake, in its discretion, all
necessary and appropriate proceedings required to resentence Mr. Farmer in
accord with the Joint Motion to Remand filed here;
B. Denies the Motion for Enforcement without prejudice as moot; and
C. Directs the Clerk to issue the mandate forthwith.
Entered for the Court
Per Curiam
Appellate Case: 20-3229 Document: 010110470175 Date Filed: 01/25/2021 Page: 2

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