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UNITED STATES v. GOODWIN (2021)

United States Court of Appeals, Tenth Circuit.2021-05-05No. No. 21-3029

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Opinion

ORDER AND JUDGMENT *

Appellant Joal William Goodwin filed a pro se motion and a counseled amended motion for a reduced sentence under 18 U.S.C. § 3582(c)(1)(A), which the district court denied. Goodwin appealed, and the parties now jointly move for summary disposition and remand to the district court, stating that: (1) “the district courts holding that it could not consider the fact that Mr. Goodwin would no longer be subject to the enhanced career offender sentencing scheme as an extraordinary and compelling reason for a reduction under § 3582(c)(1)(A) conflicts with [United States v. Maumau, 993 F.3d 821 (10th Cir. 2021) and United States v. McGee, 992 F.3d 1035 (10th Cir. 2021)]” and (2) “it remains for the district court to decide whether that sentencing change, plus Mr. Goodwins ‘unique circumstances,’ constitute extraordinary and compelling reasons for a § 3582(c)(1)(A) reduction.” Accordingly, the parties ask this court to “vacate the district courts order and remand for further proceedings consistent with McGee and Maumau.”

Upon consideration, the court grants the parties’ Joint Motion for Summary Disposition, vacates the district courts January 12, 2021 order denying a sentence reduction under 18 U.S.C. § 3582(c)(1)(A), and remands for further proceedings consistent with McGee and Maumau.

The Clerk is directed to issue the mandate forthwith.

Per Curiam