Appellate Case: 22-5032 Document: 010110762073 Date Filed: 11/02/2022 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT November 2, 2022 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 22-5032 (D.C. No. 4:16-CR-00147-CVE-1) EDGARDO RINCON, (N.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 for Remand, in which

they request that the court remand the case to the district court for resentencing. Upon

consideration and review of the record, the court:

A. Grants the Joint Motion for Remand;

B. Remands this case to the district court with instructions to strike or clarify

Standard Condition 12 to appellant Edgardo Rincon’s supervised release

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. ** Because this matter is being decided on a Joint Motion to Remand for Resentencing this panel has determined unanimously that oral argument would not materially assist in the determination of the appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. Appellate Case: 22-5032 Document: 010110762073 Date Filed: 11/02/2022 Page: 2

and to undertake, in its discretion, all necessary and appropriate

proceedings required to resentence Mr. Rincon in accord with the Joint

Motion to Remand filed here; and

C. Directs the Clerk to issue the mandate forthwith.

Entered for the Court

Per Curiam

2