United States v. Adolfo Valdez

U.S. Court of Appeals for the Fourth Circuit

United States v. Adolfo Valdez

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-6315

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ADOLFO VALDEZ, a/k/a Adolfo Valdez-Pinales, a/k/a Angel Manuel Rios-Castro, a/k/a Big Al Valdez,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:92-cr-00009-F-1)

Submitted: September 30, 2014 Decided: October 8, 2014

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

Vacated and remanded by unpublished per curiam opinion.

Adolfo Valdez, Appellant Pro Se. Jennifer P. May-Parker, Assistant United States Attorney, Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Adolfo Valdez appeals the district court’s order

denying his motion for a sentence reduction under

18 U.S.C. § 3582

(c)(2) (2012), finding that the drug trafficking offense

to which he pled guilty involved more than 8.4 kilograms of

crack cocaine. The Government has filed a motion to remand this

case to the district court for the court to consider the factual

findings made at the original sentencing hearing. We grant the

motion, vacate the district court’s order, and remand this case

to the district court for further proceedings, but we express no

opinion on the ultimate outcome of the case. We grant the

Government’s motion to file a supplemental appendix and dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and

argument would not aid the decisional process.

VACATED AND REMANDED

2

Reference

Status
Unpublished