UNITED STATES v. WALKER (2021)

United States Court of Appeals, Tenth Circuit.2021-07-06No. No. 20-1304

Summary · law.co

Holding. The court granted the joint motion to remand, vacated the district court's August 21, 2020 order regarding the first claim, and remanded the matter for the district court to reconsider the parties' arguments in light of the McGee and Maumau decisions.

Walker sought appellate review of a district court decision denying his motion for sentencing relief under 18 U.S.C. § 3582(c). Both parties jointly moved to remand the first of two claims he had raised, citing two recent appellate decisions—McGee and Maumau—that the parties believed provided new legal guidance relevant to his case. Walker also decided to withdraw his second claim entirely.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether sentencing relief under 18 U.S.C. § 3582(c) should be reconsidered under newly decided case law
Application of United States v. McGee and United States v. Maumau to Walker's sentencing claim

Procedural posture

Walker appealed a district court order denying his motion for sentencing relief filed under 18 U.S.C. § 3582(c).

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

ORDER AND JUDGMENT *

This matter is before the court on the parties’ Joint Motion to Remand First Claim for Relief. At the courts direction, the parties supplemented the joint motion with additional information. The motion as supplemented asks this court to remand the first claim for relief the appellant presented to the district court in his motion for sentencing relief pursuant to 18 U.S.C. § 3582(c) in light of this courts 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). The appellant also states that he is withdrawing the second claim for relief he presented to the district court in his § 3582(c) motion.

Upon consideration, the joint motion as supplemented is granted. The appellants second claim is withdrawn. This matter is remanded to the district court with instructions to vacate its order of August 21, 2020, as to the appellants first claim for relief, and to conduct any and all proceedings necessary to consider the parties’ arguments anew in light of McGee and Maumau. The clerk is directed to issue the mandate forthwith.

Per Curiam