Opinion

United States v. Brown

  • 24 F. App'x 223
Court
Court of Appeals for the Fourth Circuit
Filed
Jan 25, 2002
Status
Unpublished
On the bench
Niemeyer, Williams, Motz
Cited by
0 cases

The opinion

UNPUBLISHED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Vacated and remanded by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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