US v. Miguel Bracamontes, No. 14-6910 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6910 UNITED STATES OF AMERICA, Plaintiff Appellee, v. MIGUEL BRACAMONTES, a/k/a Miguel Rayo Bracamontes, Miguel Bracamontes-Rayo, a/k/a Reinaldo Palomares, a/k/a Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:10-cr-00030-F-1) Submitted: October 14, 2014 Decided: October 20, 2014 Before WILKINSON, MOTZ, and DIAZ, Circuit Judges. Vacated and remanded by unpublished per curiam opinion. Miguel Bracamontes, Appellant Pro Se. Jennifer P. May-Parker, Brian Scott Meyers, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Miguel Bracamontes appeals the district court s order denying relief on his 18 U.S.C. § 3582(c)(2) (2012) motion for reduction of sentence. The court denied the motion on the ground that Bracamontes offenses did not involve crack cocaine. To the contrary, two of the counts to which Bracamontes pled guilty charged him with offenses fifty grams or more of cocaine base. involving both cocaine and Because the district court abused its discretion in denying Bracamontes motion, we vacate the district proceedings. court s judgment and remand for further 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 2

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