United States v. Cass

Appellate Case: 25-5088 Document: 35 Date Filed: 01/29/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT January 29, 2026 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 25-5088 (D.C. No. 4:24-CR-00257-JDR-1) BRUCE MITCHELL CASS, (N.D. Okla.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. ** _________________________________ This matter is before the court on the government’s Unopposed Motion to Remand for Resentencing, in which it requests that the court vacate the appealed judgment and remand this appeal to the district court for resentencing.

Upon consideration and review of the record, the court: A. Grants the motion as modified below;

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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 appeal is being decided on an unopposed motion to remand, 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: 25-5088 Document: 35 Date Filed: 01/29/2026 Page: 2

B. Remands this case to the district court for resentencing and to undertake, in its discretion, all necessary and appropriate proceedings required to resentence defendant-appellant Bruce Mitchell Cass in accord with the Unopposed Motion to Remand for Resentencing and the applicable law; and C. Directs the Clerk to issue the mandate forthwith.

Entered for the Court

Per Curiam