United States v. Miguel Bracamontes ( 2014 )

UNPUBLISHED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Vacated and remanded by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 18 U.S.C. § 3582(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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