United States of America v. Theresa Marie Martinez

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
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UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
THERESA MARIE MARTINEZ,
Defendant - Appellant.
No. 21-2114
(D.C. No. 1:19-CR-02516-MV-1)
(D. N.M.)
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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 us on Appellant Theresa Marie Martinez’s Unopposed
Motion for Remand.
The motion for remand notes that the United States filed a brief conceding that
Ms. Martinez was erroneously sentenced and requesting remand for resentencing.
Ms. Martinez requests this court to remand to the district court for further
proceedings. The United States concurs.
* In light of the unopposed motion for remand to the district court, this case is
submitted without oral argument. See Fed. R. App. P. 34(f); 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This order and judgment is not binding precedent, except under the doctrines of law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.
FILED
United States Court of Appeals
Tenth Circuit
May 26, 2022
Christopher M. Wolpert
Clerk of Court
Appellate Case: 21-2114 Document: 010110689375 Date Filed: 05/26/2022 Page: 1

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Upon consideration, we grant the Unopposed Motion to Remand. This case is
remanded with instructions to the district court to conduct any and all proceedings
necessary in light of Ms. Martinez’s motion for remand, including expressing its
intended prison sentence as a term of days or months.
The mandate shall issue forthwith.
Entered for the Court
Per Curiam
Appellate Case: 21-2114 Document: 010110689375 Date Filed: 05/26/2022 Page: 2

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