The opinion
Vacated by Supreme Court, January 24, 2005
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4820
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TIMOTHY EARL BROWN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry M. Herlong, Jr., District
Judge. (CR-01-958)
Submitted: April 28, 2004 Decided: May 11, 2004
Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Timothy Earl Brown, Appellant Pro Se. Regan Alexandra Pendleton,
Assistant United States Attorney, Greenville, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Timothy Earl Brown appeals the district court’s order
declining to grant a downward sentencing departure, following this
Court’s limited remand. The sole contention Brown pursues on
appeal is that he was entitled to a new sentencing hearing upon
remand so that he could be present during resentencing and be given
an opportunity to allocute. We conclude that a new sentencing
hearing was unnecessary to decide the issue on remand.
Accordingly, we affirm the district court’s order upon remand. 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.
AFFIRMED
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