United States v. Glover

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
November 13, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-50195
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILLIAM DEFOREST GLOVER,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-02-CV-590-JN and
A-00-CR-290-ALL-JN
--------------------
Before JOLLY, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
This court granted William DeForest Glover, federal prisoner
# 15132-180, a certificate of appealability (“COA”) to appeal the
denial of his 28 U.S.C. § 2255 motion, wherein he challenged his
92-month sentence for being a felon in possession of a firearm.
See United States v. Glover, No. 03-50195 (5th Cir. Jul. 9, 2003)
(unpublished). The COA specified the issue on appeal as whether

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No. 03-50195
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Glover’s counsel objected to the application of U.S.S.G.
§ 2K2.1(b)(4) in a manner that rendered his assistance
ineffective. Id. at 3. As it appeared that the district court
did not address the merits of this issue below, the parties
were also directed to address whether the record is sufficiently
developed for appellate review. Id.
The Government concedes that the record is not sufficiently
developed for review by this court. Accordingly, the Government
now moves to remand this matter to the district court to allow
for the development of a complete record.
The Government’s motion is well-taken. Accordingly, the
judgment of the district court is vacated and the matter is
remanded for further proceedings.
MOTION TO REMAND GRANTED; JUDGMENT VACATED; MOTION FOR
EXTENSION OF TIME TO FILE BRIEF DENIED AS MOOT.

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