FILED

United States Court of Appeals

UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT May 5, 2021

_________________________________

Christopher M. Wolpert

Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee, v. No. 21-3029

(D.C. No. 6:10-CR-10083-EFM-1) JOAL WILLIAM GOODWIN, (D. Kan.)

Defendant - Appellant.

_________________________________

ORDER AND JUDGMENT*

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

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Appellant Joal William Goodwin filed a pro se motion and a counseled amended motion for a reduced sentence under 18 U.S.C. § 3582(c)(1)(A), which the district court denied. Goodwin appealed, and the parties now jointly move for summary disposition and remand to the district court, stating that: (1) "the district court's holding that it could not consider the fact that Mr. Goodwin would no longer be subject to the enhanced career offender sentencing scheme as an extraordinary and compelling reason for a reduction under § 3582(c)(1)(A) conflicts with [United States v. Maumau, No. 20-4056, 2021 WL 1217855 (10th Cir. Apr. 1, 2021) and United States v. McGee, No. 20-5047, 2021 WL 1168980 (10th Cir. Mar. 29, 2021)]” and (2) “it remains for the district court to decide

*

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. whether that sentencing change, plus Mr. Goodwin's ‘unique circumstances,’ constitute extraordinary and compelling reasons for a § 3582(c)(1)(A) reduction.” Accordingly, the parties ask this court to “vacate the district court's order and remand for further proceedings consistent with McGee and Maumau."

Upon consideration, the court grants the parties’ Joint Motion for Summary Disposition, vacates the district court's January 12, 2021 order denying a sentence reduction under 18 U.S.C. § 3582(c)(1)(A), and remands for further proceedings consistent with McGee and Maumau.

The Clerk is directed to issue the mandate forthwith.

Entered for the Court

Per Curiam

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