United States v. Sisney

Opinion

Appellate Case: 23-5116 Document: 010111024835 Date Filed: 04/01/2024 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT April 1, 2024 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-5116 (D.C. No. 4:22-CR-00190-JFH-1) RICHARD ALAN SISNEY, (N.D. Okla.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT * _________________________________

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

This matter is before the court on the parties’ Joint Motion to Remand for

Resentencing, in which they request 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;

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

its discretion, all necessary and appropriate proceedings required to

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 23-5116 Document: 010111024835 Date Filed: 04/01/2024 Page: 2

resentence defendant-appellant Richard Alan Sisney in accord with the

Joint Motion to Remand for Resentencing filed here; and

C. Directs the Clerk to issue the mandate forthwith.

Entered for the Court

CHRISTOPHER M. WOLPERT, Clerk