United States v. Douglas

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 7, 2007
• Docket: 05-4506
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-4506

UNITED STATES OF AMERICA,

Plaintiff - Appellant,

versus

KAREEM SALABEAN DOUGLAS,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Chief District Judge. (CR-00-123)

Submitted: December 11, 2006 Decided: February 7, 2007

Before MICHAEL, MOTZ, and TRAXLER, Circuit Judges.

Reversed and remanded by unpublished per curiam opinion.

Gretchen C. F. Shappert, United States Attorney, Jennifer A. Youngs, Assistant United States Attorney, Charlotte, North Carolina, for Appellant. Marshall A. Swann, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

The United States appeals the district court’s remittance

of Kareem Douglas’s restitution. The Government asserts that

because the district court imposed the restitution order pursuant

to the Mandatory Victim Restitution Act (MVRA), 18 U.S.C. § 3663A

(2000), the court lacked the authority to remit the restitution

order. Subsequent to the district court’s action in this case,

this court held that “the terms of the MVRA clearly dictate that a

district court cannot remit a mandatorily imposed restitution

order.” United States v. Roper, 462 F.3d 336, 339 (4th Cir. 2006).

Because Douglas’s restitution was initially imposed pursuant to the

MVRA, we reverse the district court’s order remitting the

restitution and remand with instructions to reinstate the

restitution order. 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.

REVERSED AND REMANDED

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