United States of America v. Edgardo Rincon

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
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UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EDGARDO RINCON,
Defendant - Appellant.
No. 22-5032
(D.C. No. 4:16-CR-00147-CVE-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 matter is before the court on the parties’ Joint Motion for Remand, in which
they request that the court remand the case to the district court for resentencing. Upon
consideration and review of the record, the court:
A. Grants the Joint Motion for Remand;
B. Remands this case to the district court with instructions to strike or clarify
Standard Condition 12 to appellant Edgardo Rincon’s supervised release
* This order and judgment is not binding precedent, except under the doctrines of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 to Remand for
Resentencing 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.
FILED
United States Court of Appeals
Tenth Circuit
November 2, 2022
Christopher M. Wolpert
Clerk of Court
Appellate Case: 22-5032 Document: 010110762073 Date Filed: 11/02/2022 Page: 1

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and to undertake, in its discretion, all necessary and appropriate
proceedings required to resentence Mr. Rincon in accord with the Joint
Motion to Remand filed here; and
C. Directs the Clerk to issue the mandate forthwith.
Entered for the Court
Per Curiam
Appellate Case: 22-5032 Document: 010110762073 Date Filed: 11/02/2022 Page: 2

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