UNITED STATES v. MELENDREZ III (2019)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Cruz MELENDREZ, III, Defendant-Appellant.

No. 19-2080

Decided: December 16, 2019

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.

Paige Messec, Office of the United States Attorney, District of New Mexico, Albuquerque, NM, for Plaintiff-Appellee John C. Arceci, Office of the Federal Public Defender, Districts of Colorado and Wyoming, Denver, CO, for Defendant-Appellant

ORDER AND JUDGMENT *

This matter comes on for consideration of the government’s Unopposed Motion for Remand to the District Court for Resentencing. The appellant concurs in the motion. The government concedes plain error by the district court in the sentencing of the appellant. Upon consideration thereof, the motion is granted. This appeal is dismissed and the matter remanded to the district court for resentencing. The mandate shall issue forthwith.

Per Curiam

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