15-4062 United States of America v. Marcus Walker

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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15-4062
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UNITED STATES OF AMERICA
v.
MARCUS WALKER,
Appellant
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On Appeal from the District Court
for the Eastern District of Pennsylvania
(E.D. Pa. 2-13-cr-00391-002)
Honorable Legrome D. Davis, U.S. District Judge
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On Remand from the Supreme Court of the United States
on June 27, 2022
Submitted on Remand Under Third Circuit L.A.R. 34.1(a)
on July 29, 2022
Before: JORDAN, KRAUSE, and ROTH, Circuit Judges
(Opinion filed: August 9, 2022)
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OPINION*
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* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.

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PER CURIAM
On June 27, 2022, the United States Supreme Court remanded this case to this
Court for further consideration in light of United States v. Taylor, No. 20-1459, 142 S.
Ct. 2015 (2022). Docket #137. It appears that, in the interest of expediting a resolution,
the parties proceeded to negotiate an agreement and the District Court took actions,
including by issuing a resentencing order on August 2, 2022. See Docket # 141.
Though no doubt well-intentioned, the District Court at all relevant times lacked
power to issue any order in this case, as the mandate was, and remains, with this Court,
and the parties’ request should have been directed to this Court in the first instance. See,
e.g., Oracare DPO, Inc. v. Merin, 972 F.2d 519, 523 (3d Cir. 1992) (citing 28 U.S.C.
§ 2106). The District Court’s Order of August 2 therefore has no legal force and should
be stricken from the docket.
Anticipating the desire of the District Court and the parties, we will now remand
this case to the District Court for further proceedings in the proper exercise of its
authority.

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