United States of America v. Ricky A. Carter

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6474
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RICKY A. CARTER,
Movant - Appellant,
ERIC RIVERA,
Defendant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (6:03-cr-01092-HMH-12)
Submitted: October 3, 2008 Decided: October 31, 2008
Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Ricky A. Carter, Appellant Pro Se. Regan Alexandra Pendleton,
Assistant United States Attorney, Greenville, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Before the court is Ricky A. Carter’s appeal of the
district court’s text order denying his motion to compel
performance of a cooperation agreement Carter alleged he had
with the Government.
We cannot discern from the record the basis for the
district court’s order. Accordingly, we vacate the district
court’s order and remand this case for further proceedings. On
remand, the district court should first consider whether it has
jurisdiction to consider Carter’s motion. If the district court
finds it has jurisdiction, the court should then instruct the
Government to respond to Carter’s motion and proceed
accordingly. 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 of 2 --