Appellate Case: 23-3234 Document: 010110973956 Date Filed: 12/26/2023 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT December 26, 2023 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-3234 (D.C. No. 2:22-CM-80600-DDC-1) NYLES EARLMONDO JOHNSON, (D. Kan.)

Defendant - Appellant.

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UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-3235 (D.C. No. 2:20-CR-20064-DDC-1) NYLES EARLMONDO JOHNSON, (D. Kan.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT * _________________________________

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

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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 Vacate and Remand, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. Appellate Case: 23-3234 Document: 010110973956 Date Filed: 12/26/2023 Page: 2

These procedurally-consolidated appeals are before the court on the parties’

Joint Motion to Vacate and Remand. The motion asks the court to vacate the sentence

and remand this matter to the district court for resentencing.

Upon consideration and review of the record, the court grants the motion. The

sentence is vacated. This matter is remanded to the district court. The district court

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

resentence defendant-appellant Nyles Earlmondo Johnson in accord with the Joint

Motion to Vacate and Remand filed in this court. The Clerk is directed to issue the

mandate forthwith.

Entered for the Court

Per Curiam

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