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United States v. Brown, 01-7420 (2002)

Court: Court of Appeals for the Fourth Circuit Number: 01-7420 Visitors: 3
Filed: Jan. 25, 2002
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 01-7420 MARCUS BROWN, a/k/a Sa’id Abdus- Samad, Defendant-Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Dennis W. Shedd, District Judge. (CR-96-450) Submitted: December 28, 2001 Decided: January 25, 2002 Before NIEMEYER, WILLIAMS, and MOTZ, Circuit Judges. Vacated and remanded by unpublished per curiam opinion. COU
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 01-7420 MARCUS BROWN, a/k/a Sa’id Abdus- Samad, Defendant-Appellant.  Appeal from the United States District Court for the District of South Carolina, at Columbia. Dennis W. Shedd, District Judge. (CR-96-450) Submitted: December 28, 2001 Decided: January 25, 2002 Before NIEMEYER, WILLIAMS, and MOTZ, Circuit Judges. Vacated and remanded by unpublished per curiam opinion. COUNSEL Marcus Brown, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 UNITED STATES v. BROWN OPINION PER CURIAM: Marcus Brown appeals from the district court’s order denying his motion to amend his judgment and commitment order to reflect his legal name change to Sa’id Abdus-Samad. The district court denied Brown’s motion, apparently on the grounds that it would not inter- vene in a prison administrative matter. However, Brown included with his motion a letter from the Bureau of Prisons stating that Brown’s records would be changed to reflect his name upon receipt of an amended judgment and commitment order from the district court. Because it is not clear whether the district court denied the motion on the ground that it lacked jurisdiction to amend the judg- ment and commitment order or whether it concluded that it had juris- diction but declined to exercise its discretion to do so, we vacate and remand for further findings by the district court. In doing so, we express no opinion as to the merits of Brown’s claim. We dispense with oral argument because the facts and legal contentions are ade- quately presented in the materials before the court and argument would not aid the decisional process. VACATED AND REMANDED
Source:  CourtListener

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