Opinion
21-2022
07-26-2021
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANCISCO V. GONZALES, Defendant-Appellant.
(D.C. No. 1:18-CR-03126-MV-1) (D. N.M.)
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
ORDER
This matter is before the court on the government's Unopposed Motion for Remand. Upon consideration, the motion is granted, as provided below.
This matter is remanded to the district court with instructions to vacate Appellant's sentence and conduct any and all proceedings necessary to resentence Appellant, with specific consideration of the effect of Borden v. United States, No. 19-5410, 2021 WL 2367312 (U.S. June 10, 2021), but also any other matters the district court deems appropriate.
This appeal is dismissed. The mandate shall issue forthwith.