United States v. Marcus Walker

NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________

15-4062 ________________

UNITED STATES OF AMERICA

v.

MARCUS WALKER, Appellant ______________

On Appeal from the District Court for the Eastern District of Pennsylvania (E.D. Pa. 2-13-cr-00391-002) Honorable Legrome D. Davis, U.S. District Judge ________________

On Remand from the Supreme Court of the United States on June 27, 2022 Submitted on Remand Under Third Circuit L.A.R. 34.1(a) on July 29, 2022

Before: JORDAN, KRAUSE, and ROTH, Circuit Judges

(Opinion filed: August 9, 2022)

________________

OPINION* ________________

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.

PER CURIAM

On June 27, 2022, the United States Supreme Court remanded this case to this Court for further consideration in light of United States v. Taylor, No. 20-1459, 142 S. Ct. 2015 (2022). Docket #137. It appears that, in the interest of expediting a resolution, the parties proceeded to negotiate an agreement and the District Court took actions, including by issuing a resentencing order on August 2, 2022. See Docket # 141.

Though no doubt well-intentioned, the District Court at all relevant times lacked power to issue any order in this case, as the mandate was, and remains, with this Court, and the parties’ request should have been directed to this Court in the first instance. See, e.g., Oracare DPO, Inc. v. Merin, 972 F.2d 519, 523 (3d Cir. 1992) (citing 28 U.S.C. § 2106). The District Court’s Order of August 2 therefore has no legal force and should be stricken from the docket.

Anticipating the desire of the District Court and the parties, we will now remand this case to the District Court for further proceedings in the proper exercise of its authority.