UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-6910

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

MIGUEL BRACAMONTES, a/k/a Miguel Rayo Bracamontes, a/k/a Miguel Bracamontes-Rayo, a/k/a Reinaldo Palomares,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:10-cr-00030-F-1)

Submitted: October 14, 2014 Decided: October 20, 2014

Before WILKINSON, MOTZ, and DIAZ, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion.

Miguel Bracamontes, Appellant Pro Se. Jennifer P. May-Parker, Brian Scott Meyers, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Miguel Bracamontes appeals the district court’s order

denying relief on his

(c)(2) (2012) motion for

reduction of sentence. The court denied the motion on the

ground that Bracamontes’ offenses did not involve crack cocaine.

To the contrary, two of the counts to which Bracamontes pled

guilty charged him with offenses involving both cocaine and

fifty grams or more of cocaine base. Because the district court

abused its discretion in denying Bracamontes’ motion, we vacate

the district court’s judgment and remand for further

proceedings. We 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

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