United States v. Whitehorse
CourtCourt of Appeals for the Tenth Circuit
Date FiledNovember 4, 2026
Docket26-2103
StatusUnpublished
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Full Opinion
Appellate Case: 26-2103 Document: 24 Date Filed: 11/04/2026 Page: 1
FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT November 4, 2026
_________________________________
Christopher M. Wolpert
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 26-2103
(D.C. No. 1:25-CR-04825-KG-1)
CISCO WHITEHORSE, (D. N.M.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT *
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. **
_________________________________
This matter is before us on the government’s Unopposed Motion for Summary
Disposition and Remand. (ECF No. 22.) The parties agree that the court should
remand this matter to the district court for resentencing. Upon consideration and
review of the record, the court grants the Motion.
The court remands this matter to the district court with instructions to vacate
appellant Cisco Whitehorse’s sentence and to undertake, in its discretion, (i) all
*
This order and judgment is not binding precedent, except under the doctrines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 government’s Unopposed
Motion for Summary Disposition and Remand, this panel has determined
unanimously that oral argument would not materially assist the court in the
determination of this appeal. See Fed. R. App. P. 34(a)(2); (f); 10th Cir. R. 34.1(G).
The case is therefore submitted without oral argument.
Appellate Case: 26-2103 Document: 24 Date Filed: 11/04/2026 Page: 2
proceedings necessary and appropriate to resentence Mr. Whitehorse in accord with
the Unopposed Motion filed in this court; and (ii) any other proceedings it deems
necessary and appropriate.
We direct the Clerk to issue the mandate forthwith.
Entered for the Court
Per Curiam
2