Appellate Case: 22-6097 Document: 010110739678 Date Filed: 09/15/2022 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT September 15, 2022 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 22-6097 (D.C. No. 5:21-CR-00180-PRW-1) DEVIN DEWAYNE BENNETT, (W.D. Okla.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

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

This matter is before the court on the parties’ Joint Motion to Remand (the

“Motion”). Upon consideration, the Motion is granted, as provided below.

This matter is remanded to the district court with instructions to vacate

Appellant Devin Dewayne Bennett’s sentence and conduct any and all proceedings

necessary to resentence Appellant consistent with the grounds presented in the

Motion, which is incorporated into this Order and Judgment by reference.

* After examining the parties’ motion and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 22-6097 Document: 010110739678 Date Filed: 09/15/2022 Page: 2

This appeal is dismissed. The mandate shall issue forthwith.

Entered for the Court

Per Curiam

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