FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT December 16, 2019 _________________________________ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 19-2080 (D.C. No. 5:17-CR-03506-KG-1) CRUZ MELENDREZ, III, (D. N.M.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT * _________________________________

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. _________________________________

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.

Entered for the Court

Per Curiam

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.