United States v. Elias ( 2022 )


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  • Appellate Case: 22-3067     Document: 010110688261       Date Filed: 05/24/2022    Page: 1
    FILED
    United States Court of Appeals
    UNITED STATES COURT OF APPEALS                          Tenth Circuit
    FOR THE TENTH CIRCUIT                           May 24, 2022
    _________________________________
    Christopher M. Wolpert
    Clerk of Court
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.                                                          No. 22-3067
    (D.C. No. 6:21-CM-60012-EFM-1)
    GERARDO ELIAS,                                                (D. Kan.)
    Defendant - Appellant.
    _________________________________
    ORDER AND JUDGMENT*
    _________________________________
    Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.**
    _________________________________
    Gerardo Elias appeals the district court’s March 24, 2022 order denying his
    motion for early termination of supervised release under 
    18 U.S.C. § 3583
    (e)(1).
    The parties have filed a Joint Motion for Summary Disposition. The joint
    motion requests to summarily vacate the district court’s order due to a supervening
    change of law, specifically United States v. Hartley, Nos. 22-3010 & 22-3044, 
    2022 WL 1548483
    , *7, *11 (10th Cir. May 17, 2022) (holding that a district court is
    *
    This order and judgment is not binding precedent, except under the doctrines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.
    **
    Because this matter is being decided on the parties’ joint motion for
    summary disposition, the panel has determined unanimously that oral argument
    would not materially assist in the determination of this appeal. See Fed. R. App. P.
    34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument.
    Appellate Case: 22-3067     Document: 010110688261       Date Filed: 05/24/2022    Page: 2
    required to make “individualized determinations based on the applicable statutory
    criteria before imposing a sentence or responding to a request to modify a sentence”;
    reversing denial of motions for early termination of probation and remanding to
    district court for further proceedings).
    Upon consideration, we grant the parties’ Joint Motion for Summary
    Disposition, and we remand with instructions for the United States District Court for
    the District of Kansas to vacate its order denying Mr. Elias’s motion to terminate
    supervised release and to conduct further proceedings consistent with United States
    v. Hartley.
    The Clerk is directed to issue the mandate forthwith.
    Entered for the Court
    Per Curiam
    2
    

Document Info

Docket Number: 22-3067

Filed Date: 5/24/2022

Precedential Status: Non-Precedential

Modified Date: 5/24/2022