United States of America v. Dominque Wells

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
v.
DOMINQUE WELLS,
Defendant-Appellee.
No. 22-10159
D.C. No.
2:14-cr-00280-JCM-GWF-1
MEMORANDUM*
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.
FILED
MAY 17 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

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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.
2

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