United States v. Carter

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6474

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RICKY A. CARTER,

Movant - Appellant,

ERIC RIVERA,

Defendant.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (6:03-cr-01092-HMH-12)

Submitted: October 3, 2008 Decided: October 31, 2008

Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion.

Ricky A. Carter, Appellant Pro Se. Regan Alexandra Pendleton, Assistant United States Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Before the court is Ricky A. Carter’s appeal of the

district court’s text order denying his motion to compel

performance of a cooperation agreement Carter alleged he had

with the Government.

We cannot discern from the record the basis for the

district court’s order. Accordingly, we vacate the district

court’s order and remand this case for further proceedings. On

remand, the district court should first consider whether it has

jurisdiction to consider Carter’s motion. If the district court

finds it has jurisdiction, the court should then instruct the

Government to respond to Carter’s motion and proceed

accordingly. 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