United States v. Sanders

Opinion

Appellate Case: 24-2089 Document: 31-1 Date Filed: 10/08/2024 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT October 8, 2024 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 24-2089 (D.C. No. 5:23-CR-01003-KG-1) LAZARUS SHAMAR SANDERS, (D. N.M.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. ** _________________________________

This matter is before the court on the parties’ Motion for Summary Disposition

and Remand, in which the government confesses error during sentencing and requests

that the court remand this appeal to the district court for resentencing. Upon consideration

and review of the record, the court:

A. Grants the motion;

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. ** Because this matter is being decided on a Joint Motion to Remand for Resentencing this panel has determined unanimously that oral argument would not materially assist in the determination of the appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. Appellate Case: 24-2089 Document: 31-1 Date Filed: 10/08/2024 Page: 2

B. Remands this case to the district court for resentencing and to undertake, in

its discretion, all necessary and appropriate proceedings required to

resentence defendant-appellant Lazarus Shamar Sanders in accord with the

Motion for Summary Disposition and Remand filed here; and

C. Directs the Clerk to issue the mandate forthwith.

Entered for the Court

CHRISTOPHER M. WOLPERT, Clerk