UNITED STATES v. HARRIS (2021)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Arthur HARRIS, Defendant - Appellant.

No. 20-2163

Decided: March 18, 2021

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.

Paige Messec, Office of the United States Attorney, District of New Mexico, Albuquerque, NM, for Plaintiff - Appellee Richelle Anderson, Law Office of Ryan J. Villa, Albuquerque, NM, for Defendant - Appellant

ORDER AND JUDGMENT *

This matter is before the court on the government's Unopposed Motion for Remand, by which it requests that this appeal be remanded to the U.S. District Court for the District of New Mexico (Las Cruces) to address Appellant's challenges to certain supervised-release conditions. Upon consideration, the motion is granted as set forth herein. This matter is remanded to the district court for further proceedings to address (1) the lack of pre-hearing notice of Special Condition 17 ¹ , as required by United States v. Bruce, 458 F.3d 1157, 1167-68 (10th Cir. 2006), and (2) Appellant's challenges to Special Conditions 16 and 18, and the Special Condition included in the written judgment that was not orally imposed at sentencing.

This appeal is dismissed. The mandate shall issue forthwith.

FOOTNOTES

1. The Special Conditions at issue are referred to by the numbering used in the parties’ briefing in this appeal.

Per Curiam

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