US v. Adolfo Valdez

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to remand case [999444980-2]; granting Motion to file supplemental appendix [999430580-2] Originating case number: 7:92-cr-00009-F-1 Copies to all parties and the district court/agency. [999451821]. Mailed to: Adolfo Valdez. [14-6315]

Appeal: 14-6315

Doc: 25

Filed: 10/08/2014

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UNPUBLISHED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,
Manuel Rios-Castro, a/k/a Big Al Valdez,

a/k/a

Angel

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Vacated and remanded by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-6315

Doc: 25

Filed: 10/08/2014

Pg: 2 of 2

PER CURIAM:
Adolfo
denying

his

Valdez

motion

for

appeals
a

the

sentence

district

reduction

court’s
under

18

order
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