Appellate Case: 21-2114 Document: 010110689375 Date Filed: 05/26/2022 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT May 26, 2022 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 21-2114 (D.C. No. 1:19-CR-02516-MV-1) THERESA MARIE MARTINEZ, (D. N.M.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

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

This matter is before us on Appellant Theresa Marie Martinez’s Unopposed

Motion for Remand.

The motion for remand notes that the United States filed a brief conceding that

Ms. Martinez was erroneously sentenced and requesting remand for resentencing.

Ms. Martinez requests this court to remand to the district court for further

proceedings. The United States concurs.

* In light of the unopposed motion for remand to the district court, this case is submitted without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Appellate Case: 21-2114 Document: 010110689375 Date Filed: 05/26/2022 Page: 2

Upon consideration, we grant the Unopposed Motion to Remand. This case is

remanded with instructions to the district court to conduct any and all proceedings

necessary in light of Ms. Martinez’s motion for remand, including expressing its

intended prison sentence as a term of days or months.

The mandate shall issue forthwith.

Entered for the Court

Per Curiam

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