US v. Douglas, No. 05-4506 (4th Cir. 2007)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-4506 UNITED STATES OF AMERICA, Plaintiff - Appellant, versus KAREEM SALABEAN DOUGLAS, Defendant -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 Reversed and remanded by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 restitution and the remand restitution order. facts and materials legal before district with court s order instructions to remitting the reinstate the We dispense with oral argument because the contentions the court are adequately and argument presented would not in the aid the decisional process. REVERSED AND REMANDED - 2 -

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