United States v. Mann

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT
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UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ARTHUR JAMES MANN,

Defendant - Appellant.

No. 20-5029
(D.C. No. 4:19-CR-00212-GKF-1)
(N.D. Okla.)
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ORDER AND JUDGMENT
*

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

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This is a direct criminal appeal from the March 13, 2020 judgment entered in
Appellant Arthur Mann’s criminal case. On September 25, 2020, the parties filed a
Joint Motion to Remand for Resentencing. The motion seeks to remand with
instructions to the district court to vacate a special condition of supervised release
imposed upon Mr. Mann that the parties agree is improper in light of United States v.
Blair, 933 F.3d 1271, 1272, 1280-81 (10th Cir. 2019) (finding that supervised release
condition limiting access to computers and Internet devices is “impermissibly broad”

*
This order and judgment is not binding precedent, except under the doctrines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 for remand to the
district court, the 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 submitted without oral argument.
FILED
United States Court of Appeals
Tenth Circuit

September 28, 2020

Christopher M. Wolpert
Clerk of Court
Appellate Case: 20-5029 Document: 010110414986 Date Filed: 09/28/2020 Page: 1

2

because “it allows the probation office to completely ban the defendant’s use of the
Internet by failing to place any restraints on a probation officer’s ability to restrict a
defendant’s Internet access”; remanding with instructions to district court to
reformulate condition to bring it into compliance with 18 U.S.C. §§ 3553 and 3583).
Upon consideration, we grant the parties’ Joint Motion to Remand for
Resentencing and we remand with instructions for the United States District Court for
the Northern District of Oklahoma to vacate Special Condition of Supervision
Number 6, and to reformulate it in accord with United States v. Blair.
The Clerk is directed to issue the mandate forthwith.

Entered for the Court

Per Curiam

Appellate Case: 20-5029 Document: 010110414986 Date Filed: 09/28/2020 Page: 2