Opinion
23-1030
02-23-2023
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID ANTHONY ROESENER, Defendant-Appellant.
D. Colo., D.C. No. 1:12-CR-00523-JLK-1.
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
ORDER
This matter is before the court on the parties' Joint 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 David Anthony Roesener's sentence and conduct any proceedings necessary to resentence Appellant in accordance with Tapia v. United States, 564 U.S. 319 (2011) and United States v. Mendia, 696 F.3d 1033 (10th Cir. 2012).
This appeal is dismissed. The mandate shall issue forthwith.