United States of America v. Kenyatta Wayne Acey

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
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UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENYATTA WAYNE ACEY,
Defendant - Appellant.
No. 21-6027
(D.C. No. 5:10-CR-00153-F-1)
(W.D. Okla.)
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before TYMKOVICH, Chief Judge, MATHESON and PHILLIPS, Circuit Judges.
_________________________________
This matter is before the court on the government’s Motion for Remand (the
“Motion”). At the court’s direction, the defendant filed a response to the Motion. The
defendant does not oppose remanding this case to the district court. Upon
consideration, the Motion is granted, as provided below.
This matter is fully remanded to the district court with instructions to vacate
the orders entered February 10, 2021 denying the defendant’s motion for
* After examining the parties’ submissions and appellate record, this panel has
determined unanimously that oral argument would not materially assist in the
determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The
case is therefore ordered submitted without oral argument. 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is not binding precedent, except under the doctrines of law of the case, res judicata,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 Federal Rule of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1.
FILED
United States Court of Appeals
Tenth Circuit
August 3, 2021
Christopher M. Wolpert
Clerk of Court
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compassionate release and February 22, 2021 denying the defendant’s motion to
reconsider the order denying his motion for compassionate release. The district court
is directed to consider the defendant’s motion for compassionate release anew with
consideration given to this court’s recent decisions in United States v. McGee, 992
F.3d 1035 (10th Cir. 2021), and United States v. Maumau, 993 F.3d 821 (10th Cir.
2021), along with any other factors and matters it deems appropriate under the
circumstances. The district court may conduct any and all proceedings it deems
necessary and proper to complete the proceedings on remand.
This appeal is dismissed. The mandate shall issue forthwith. Appellant’s
motion to proceed on appeal in forma pauperis is granted.
Entered for the Court
Per Curiam
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