United States of America v. Devin Dewayne Bennett

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
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UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEVIN DEWAYNE BENNETT,
Defendant - Appellant.
No. 22-6097
(D.C. No. 5:21-CR-00180-PRW-1)
(W.D. Okla.)
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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 to Remand (the
“Motion”). Upon consideration, the Motion is granted, as provided below.
This matter is remanded to the district court with instructions to vacate
Appellant Devin Dewayne Bennett’s sentence and conduct any and all proceedings
necessary to resentence Appellant consistent with the grounds presented in the
Motion, which is incorporated into this Order and Judgment by reference.
* After examining the parties’ motion and appellate record, this panel has
determined unanimously that oral argument would not materially assist in the
determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The
case is therefore ordered submitted without oral argument. 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is not binding precedent, except under the doctrines of law of the case, res judicata,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
September 15, 2022
Christopher M. Wolpert
Clerk of Court
Appellate Case: 22-6097 Document: 010110739678 Date Filed: 09/15/2022 Page: 1

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2
This appeal is dismissed. The mandate shall issue forthwith.
Entered for the Court
Per Curiam
Appellate Case: 22-6097 Document: 010110739678 Date Filed: 09/15/2022 Page: 2

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