United States of America v. Joshua Scott

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
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UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSHUA SCOTT,
Defendant - Appellant.
No. 21-3033
(D.C. No. 6:16-CR-10003-EFM-2)
(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 on the parties’ Joint Motion for Summary
Disposition, by which they request that this court vacate the order of the U.S. District
Court for the District of Kansas dismissing Appellant’s motion for compassionate
release under 18 U.S.C. § 3582(c)(1)(A), and remand to the district court for further
proceedings consistent with this court’s decision in United States v. Avalos, __ Fed.
Appx. __, 2021 WL 1921847 (10th Cir. May 13, 2021).
Upon consideration, the court grants the motion, vacates the portion of the
district court’s February 1, 2021 Memorandum and Order denying Appellant’s
* This order and judgment is not binding precedent, except under the doctrines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.
FILED
United States Court of Appeals
Tenth Circuit
June 30, 2021
Christopher M. Wolpert
Clerk of Court
Appellate Case: 21-3033 Document: 010110542055 Date Filed: 06/30/2021 Page: 1

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motion for compassionate release, remands the case to the district court for further
proceedings consistent with United States v. Avalos, __ Fed. Appx. __, 2021 WL
1921847 (10th Cir. May 13, 2021), and dismisses this appeal.
The mandate shall issue forthwith.
Entered for the Court
Per Curiam
Appellate Case: 21-3033 Document: 010110542055 Date Filed: 06/30/2021 Page: 2

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