UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v. No. 97-7821

BRIAN KARL BUTT, Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CR-92-43-A, CA-97-536-A)

Submitted: January 31, 2000

Decided: March 10, 2000

Before NIEMEYER and LUTTIG, Circuit Judges, and HAMILTON, Senior Circuit Judge.

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Vacated and remanded by unpublished per curiam opinion.

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COUNSEL

Bernard Joseph DiMuro, DIMURO, GINSBERG & LIEBERMAN, P.C., Alexandria, Virginia, for Appellant. Helen F. Fahey, United States Attorney, Vincent L. Gambale, Assistant United States Attor- ney, Dennis M. Kennedy, Assistant United States Attorney, Alexan- dria, Virginia, for Appellee.

_________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

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OPINION

PER CURIAM:

Brian Karl Butt appeals the district court's denial of his motion under

(West Supp. 1999). The record discloses that following a response from the Government and a reply from Butt, the district court ordered an evidentiary hearing. Butt, proceeding in forma pauperis, requested and was denied counsel at the commence- ment of this hearing. He argues that this denial constitutes a violation of Rule 8(c) of the Rules Governing § 2255 motions. We agree. Accordingly, we grant a certificate of appealability and Butt's motion for summary reversal, vacate the district court's order, and remand the case to the district court.

VACATED AND REMANDED

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