United States of America v. Richard John Herrera

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
_________________________________
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RICHARD JOHN HERRERA,
Defendant - Appellant.
No. 21-1091
(D.C. No. 1:20-CR-00006-RBJ-1)
(D. Colo.)
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
_________________________________
This matter is before the court on the parties’ Joint Motion for Remand (the
“Motion”). Upon consideration, the Motion is granted, as provided below.
This matter is fully remanded to the district court with instructions to vacate
the defendant’s sentence and to conduct any and all proceedings necessary to
resentence the appellant with specific consideration of Borden v. United States, 141
S. Ct. 1817 (2021), but also any other matters the district court deems appropriate.
* After examining the parties’ motion and the 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is not binding precedent, except under the doctrines of law of the case, res judicata,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 Federal Rule of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1.
FILED
United States Court of Appeals
Tenth Circuit
July 30, 2021
Christopher M. Wolpert
Clerk of Court
Appellate Case: 21-1091 Document: 010110555433 Date Filed: 07/30/2021 Page: 1

-- 1 of 2 --

2
This appeal is dismissed. The mandate shall issue forthwith.
Entered for the Court
Per Curiam
Appellate Case: 21-1091 Document: 010110555433 Date Filed: 07/30/2021 Page: 2

-- 2 of 2 --