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    United States v. Kavin Williams, 4th Cir. (2016)

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    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court's denial of a defendant's motion for a sentence reduction. The district court had denied the motion, finding that the defendant received the statutory minimum sentence. However, the appellate court ordered the government to respond on issues related to the defendant's eligibility for relief from the statutory minimum under the Fair Sentencing Act. In its response, the government asserted the defendant may be eligible for a reduction and moved to vacate the district court's order and remand for further record development. Both the defendant and the appellate court agreed, so the appellate court granted the government's motion to vacate and remand.

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    United States v. Kavin Williams, 4th Cir. (2016)

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    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court's denial of a defendant's motion for a sentence reduction. The district court had denied the motion, finding that the defendant received the statutory minimum sentence. However, the appellate court ordered the government to respond on issues related to the defendant's eligibility for relief from the statutory minimum under the Fair Sentencing Act. In its response, the government asserted the defendant may be eligible for a reduction and moved to vacate the district court's order and remand for further record development. Both the defendant and the appellate court agreed, so the appellate court granted the government's motion to vacate and remand.

    Original Description:

    Filed: 2016-04-18 Precedential Status: Non-Precedential Docket: 15-7172

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    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court's denial of a defendant's motion for a sentence reduction. The district court had denied the motion, finding that the defendant received the statutory minimum sentence. However, the appellate court ordered the government to respond on issues related to the defendant's eligibility for relief from the statutory minimum under the Fair Sentencing Act. In its response, the government asserted the defendant may be eligible for a reduction and moved to vacate the district court's order and remand for further record development. Both the defendant and the appellate court agreed, so the appellate court granted the government's motion to vacate and remand.

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    10 views3 pages

    United States v. Kavin Williams, 4th Cir. (2016)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court's denial of a defendant's motion for a sentence reduction. The district court had denied the motion, finding that the defendant received the statutory minimum sentence. However, the appellate court ordered the government to respond on issues related to the defendant's eligibility for relief from the statutory minimum under the Fair Sentencing Act. In its response, the government asserted the defendant may be eligible for a reduction and moved to vacate the district court's order and remand for further record development. Both the defendant and the appellate court agreed, so the appellate court granted the government's motion to vacate and remand.

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    of 3

    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.

    PER CURIAM:
    Kavin Datron Williams appeals the district courts 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

    Courts

    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 courts


    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 Governments motion to vacate and


    remand,

    vacate

    the

    district

    courts
    2

    July

    9,

    2015

    order,

    and

    remand for further proceedings.

    We deny, as moot, Williams

    motion to appoint counsel to respond to the Governments 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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