US v. Andre King

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:94-cr-00030-FDW-2. Copies to all parties and the district court/agency. [999703346]. Mailed to: Andre King. [15-6734]

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Appeal: 15-6734 Doc: 7 Filed: 11/20/2015 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6734 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANDRE CARDELL KING, a/k/a Bo King,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 Vacated and remanded by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 15-6734 Doc: 7 Filed: 11/20/2015 Pg: 2 of 2 PER CURIAM: Andre district Cardell court’s King, order a federal granting the prisoner, Government’s authorize payment from King’s inmate trust fund. did not receive notice and a appeals chance to motion the to Because King 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 Government’s motion. facts and materials legal before with regard to the merits of the We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. VACATED AND REMANDED 2

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