United States v. Johnson

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. ––––––––––––––––––––––––––––––––––– 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. ** 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