UNITED STATES v. CONINE (2019)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Shaun Cruz CONINE, a/k/a Shaun Connie, a/k/a Cheech, Defendant - Appellant.

No. 19-5043

Decided: August 22, 2019

Before BRISCOE, PHILLIPS, and MORITZ, Circuit Judges.

Leena Alam, Shannon Bears Cozzoni, Office of the United States Attorney, Office of the United States Attorney, Northern District of Oklahomam, Tulsa, OK, for Plaintiff-Appellee Barry L. Derryberry, William Patrick Widell, Jr., Office of the Federal Public Defender, Northern and Eastern Districts of Oklahoma, Tulsa, OK, for Defendant-Appellant

ORDER AND JUDGMENT *

This matter is before us on the parties’ Joint Motion to Remand, in which the United States concedes that the district court committed plain procedural error when it effectively rejected Appellant Shaun Cruz Conine’s plea agreement by not imposing the sentence agreed to by the parties pursuant to Fed. R. Crim. P. 11(c)(1)(C), without giving Appellant an opportunity to withdraw his guilty plea, as required by Rule 11(c)(5)(B). Upon consideration, the court grants the parties’ joint request to remand to the district court. This appeal is dismissed, and this matter is remanded with instructions to the district court to vacate its judgment entered April 24, 2019, and conduct further proceedings as the court sees fit in light of the Joint Motion to Remand. The United States’ motion to enforce Appellant’s appeal waiver is denied as moot.

Per Curiam

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