FILED

NOT FOR PUBLICATION

MAY 17 2023

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 22-10159

Plaintiff-Appellant, D.C. No.

2:14-cr-00280-JCM-GWF-1 v. DOMINQUE WELLS, MEMORANDUM*

Defendant-Appellee.

Appeal from the United States District Court

for the District of Nevada

James C. Mahan, District Judge, Presiding

Argued and Submitted May 11, 2023

San Francisco, California Before: S.R. THOMAS, CHRISTEN, and BRESS, Circuit Judges.

The Government appeals a district court decision granting Dominque Wells compassionate release and reducing his sentence from 107 years and one day to ten years pursuant to 18 U.S.C. § 3582(c)(1)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291.

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

On appeal, one of the parties’ primary points of disagreement is whether the district court’s order complied with United States v. Chen, 48 F.4th 1092 (9th Cir. 2022). However, Chen was decided after the district court issued its order in this case, so the district court did not have the benefit of the opinion. Therefore, we remand this case to the district court for reconsideration of its order in light of Chen. We express no opinion now as to the impact of Chen and do not prejudge the outcome of that inquiry.

REMANDED.

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