UNITED STATES v. FARMER (2021)

ORDER AND JUDGMENT **

This matter is before the court upon: (1) the government's Motion for Enforcement of Appeal Waiver; (2) appellant Richey Farmer's response; and (3) the parties’ subsequent Joint Motion to Remand for Additional Trial Court Proceedings. Upon consideration and review of the record, the court:

A. Grants the Joint Motion to Remand, remands this case with instructions for the United States District Court for the District of Kansas to vacate the judgment issued on October 30, 2020 and to undertake, in its discretion, all necessary and appropriate proceedings required to resentence Mr. Farmer in accord with the Joint Motion to Remand filed here;

B. Denies the Motion for Enforcement without prejudice as moot; and

C. Directs the Clerk to issue the mandate forthwith.

Per Curiam