UNITED STATES v. SCOTT (2021)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Joshua SCOTT, Defendant-Appellant.

No. 21-3033

Decided: June 30, 2021

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.

Jared S. Maag, Office of the United States Attorney, District of Kansas, Topeka, KS, for Plaintiff-Appellee Melody Brannon, Kayla Gassmann, Office of the Federal Public Defender, District of Kansas, Kansas City, KS, for Defendant-Appellant

ORDER AND JUDGMENT *

This matter is before the court on the parties’ Joint Motion for Summary Disposition, by which they request that this court vacate the order of the U.S. District Court for the District of Kansas dismissing Appellant's motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A), and remand to the district court for further proceedings consistent with this court's decision in United States v. Avalos, ––– Fed. Appx. ––––, 2021 WL 1921847 (10th Cir. May 13, 2021).

Upon consideration, the court grants the motion, vacates the portion of the district court's February 1, 2021 Memorandum and Order denying Appellant's motion for compassionate release, remands the case to the district court for further proceedings consistent with United States v. Avalos, ––– Fed. Appx. ––––, 2021 WL 1921847 (10th Cir. May 13, 2021), and dismisses this appeal.

The mandate shall issue forthwith.

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