United States v. Lucero

Opinion

Appellate Case: 22-2018 Document: 010110831195 Date Filed: 03/22/2023 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT March 22, 2023 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee, No. 22-2018 v. (D.C. No. 2:19-CR-00138-KG-1) (D. N.M.) GABRIEL MANUEL LUCERO,

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

Before PHILLIPS, MURPHY, and ROSSMAN, Circuit Judges. _________________________________

This matter is before us on the parties’ Joint Motion to Vacate Oral Argument,

Vacate Judgment, and Remand for Further Proceedings. Upon careful consideration,

the joint motion is GRANTED as follows.

The March 23, 2023 oral argument in this matter is VACATED, and all

counsel are excused from attendance. This matter is REMANDED to the district

court with instructions to (1) vacate its judgment and sentence, (2) consider whether

the United States’ concession regarding the invalidity of the state cellphone search

* In light of the parties’ joint motion, oral argument is not necessary, and this matter is submitted on the briefs. See Fed. R. App. P. 34(a)(2); 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Appellate Case: 22-2018 Document: 010110831195 Date Filed: 03/22/2023 Page: 2

warrant affects the district court’s ruling that the 67-day delay in obtaining the

federal search warrant was reasonable, and (3) conduct any other proceedings that it

deems necessary or advisable to bring this case to a conclusion.

The Clerk shall issue the mandate forthwith.

Entered for the Court,

Per Curiam