US v. Kavin William

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to remand case [999756802-3]; granting Motion to vacate [999756802-2]; terminating Motion to appoint/assign counsel [999765225-2] Originating case number: 4:10-cr-00088-D-1 Copies to all parties and the district court/agency. [999796916]. Mailed to: Kavin Datron Williams. [15-7172]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7172

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KAVIN DATRON WILLIAMS,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. James C. Dever III,
Chief District Judge. (4:10-cr-00088-D-1)

Submitted:

April 8, 2016

Decided:

April 18, 2016

Before DUNCAN, KEENAN, and DIAZ, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion.

Kavin Datron Williams, Appellant Pro Se.
Barbara Dickerson
Kocher,
Jennifer
P.
May-Parker,
Assistant
United
States
Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kavin Datron Williams appeals the district court’s order
denying his 18 U.S.C. § 3582(c)(2) (2012) motion for a sentence
reduction pursuant to Sentencing Guidelines Amendment 782.
denying

Williams’

Williams
States
2015).
whether

received

v.

motion,
a

Williams,

the

district

statutory
No.

minimum

court

determined

sentence.

4:10-cr-00088-D-1

See

(E.D.N.C.

In
that

United

July

9,

We ordered the Government to file a response addressing
(1)

the

Government

opposes

Williams’

18

U.S.C.

§ 3582(c)(2) motion; and (2) an 18 U.S.C. § 3582(c)(2) movant
may

obtain

relief

from

the

statutory

minimum

sentence

established at sentencing where he committed his offense before
the effective date of the Fair Sentencing Act (FSA) but was
sentenced after the effective date of the FSA and before the
United

States

Supreme

Court’s

decision

in

Dorsey

v.

United

States, 132 S. Ct. 2321 (2012).
In its response, the Government asserts that Williams did
not receive a statutory minimum sentence and may be eligible for
a

sentencing

reduction

under

18

U.S.C.

§ 3582(c)(2).

The

Government has filed a motion to vacate the district court’s
order and remand the case to the district court to allow further
development of the record.

Williams agrees with the motion.

Accordingly, we grant the Government’s motion to vacate and
remand,

vacate

the

district

court’s
2

July

9,

2015

order,

and

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remand for further proceedings.

We deny, as moot, Williams’

motion to appoint counsel to respond to the Government’s motion
to vacate and remand.

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

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