Background
The case originated in the United States District Court for the Eastern District of Oklahoma. The defendant, Billy Ray Mason, filed an unopposed motion to remand requesting the court to vacate a revocation sentence and remand the matter for resentencing. The United States did not oppose the motion.
The court’s reasoning
The panel determined unanimously that oral argument would not materially assist in the determination of the appeal. The court granted the motion to remand with instructions to vacate the revocation sentence and conduct proceedings necessary to resentence the defendant in accord with the motion.
What it means going forward
The defendant’s revocation sentence is vacated, and the case returns to the district court for resentencing proceedings.