United States v. Andre King

U.S. Court of Appeals for the Fourth Circuit

United States v. Andre King

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-6734

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ANDRE CARDELL KING, a/k/a Bo King,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, Chief District Judge. (3:94-cr-00030-FDW-2)

Submitted: November 16, 2015 Decided: November 20, 2015

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

Vacated and remanded by unpublished per curiam opinion.

Andre Cardell King, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina; Tiffany M. Mallory, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Andre Cardell King, a federal prisoner, appeals the

district court’s order granting the Government’s motion to

authorize payment from King’s inmate trust fund. Because King

did not receive notice and a chance to respond to the

Government’s motion, we vacate the district court’s order and

remand with directions to provide King with these opportunities.

We express no opinion with regard to the merits of the

Government’s motion. We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before this court and argument would not aid the

decisional process.

VACATED AND REMANDED

2

Reference

Status
Unpublished