UNITED STATES v. RODRIGUEZ ARROYO (2018)

ORDER AND JUDGMENT *

On November 26, 2018, this court granted a certificate of appealability on Appellant’s claim that his trial counsel was ineffective for failing to object to the enhancement of his sentence based on his prior Oklahoma second-degree burglary convictions. The court ordered the United States to file a response brief by December 26, 2018. In response, on December 7, 2018, the government filed an unopposed Motion to Remand to the district court for additional proceedings as to whether Oklahoma second-degree burglary is a crime of a violence.

Upon consideration, the Motion is granted. This appeal is dismissed, and this matter is remanded with instructions to the district court to vacate its judgment dated December 19, 2017 and conduct additional proceedings consistent with the government’s Motion for Remand filed on December 7, 2018 as well as any other proceedings the district court deems appropriate in its discretion.

The Clerk is directed to issue the mandate forthwith.

Per Curiam