UNITED STATES v. HERRERA (2021)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Richard John HERRERA, Defendant-Appellant.

No. 21-1091

Decided: July 30, 2021

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.

Laura Beth Hurd, Michael Conrad Johnson, Jason Antoine St. Julien, Office of the United States Attorney, District of Colorado, Denver, CO, for Plaintiff-Appellee. O. Dean Sanderford, Kathleen Shen, Office of the Federal Public Defender, Districts of Colorado and Wyoming, Denver, CO, for Defendant-Appellant.

ORDER AND JUDGMENT *

This matter is before the court on the parties’ Joint Motion for Remand (the “Motion”). Upon consideration, the Motion is granted, as provided below.

This matter is fully remanded to the district court with instructions to vacate the defendant's sentence and to conduct any and all proceedings necessary to resentence the appellant with specific consideration of Borden v. United States, ––– U.S. ––––, 141 S. Ct. 1817, ––– L.Ed.2d –––– (2021), but also any other matters the district court deems appropriate.

This appeal is dismissed. The mandate shall issue forthwith.

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