FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT June 30, 2021
_________________________________
Christopher M. Wolpert
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 21-3033
(D.C. No. 6:16-CR-10003-EFM-2)
JOSHUA SCOTT, (D. Kan.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT *
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
_________________________________
This matter is before the court on the parties’ Joint Motion for Summary
Disposition, by which they request that this court vacate the order of the U.S. District
Court for the District of Kansas dismissing Appellant’s motion for compassionate
release under 18 U.S.C. § 3582(c)(1)(A), and remand to the district court for further
proceedings consistent with this court’s decision in United States v. Avalos, __ Fed.
Appx. __, 2021 WL 1921847 (10th Cir. May 13, 2021).
Upon consideration, the court grants the motion, vacates the district court’s
September 14, 2020 order with respect to dismissal of Appellant’s motion for
*
This order and judgment is not binding precedent, except under the doctrines
of law of the case, res judicata, and collateral estoppel. It may be cited, however, for
its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
compassionate release, remands the case to the district court for further proceedings
consistent with United States v. Avalos, __ Fed. Appx. __, 2021 WL 1921847 (10th
Cir. May 13, 2021), and dismisses this appeal.
The mandate shall issue forthwith.
Entered for the Court
Per Curiam
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