UNITED STATES v. PARRA (2019)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Jesus PARRA, Defendant-Appellant.

No. 18-2040

Decided: January 30, 2019

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.

Jennifer M. Rozzoni, Office of the United States Attorney, District of New Mexico, Albuquerque, NM, for Plaintiff-Appellee Virginia L. Grady, Jacob R. Rasch-Chabot, Office of the Federal Public Defender, Districts of Colorado and Wyoming, Denver, CO, for Defendant-Appellant

ORDER AND JUDGMENT *

This matter is before us on the United States’ Unopposed Motion for Remand to the District Court for Resentencing. In this appeal, Appellant Jesus Parra asserts that the district court committed reversible procedural error when it sentenced him based on a mistaken belief that it was bound to sentence him to the low end of his applicable Sentencing Guidelines range. The United States confesses this error and moves for remand for resentencing. The motion is unopposed.

Upon consideration, the United States’ Motion for Remand is granted. This appeal is dismissed, and this matter is remanded with instructions to the district court to vacate its judgment entered February 8, 2018 and conduct any and all proceedings necessary to resentence Mr. Parra in light of the United States’ Motion for Remand.

The Clerk is directed to issue the mandate forthwith.

Per Curiam

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