United States of America v. Roper, 462 F.3d 336, 339 4th Cir. 2006 . Because Douglas’s restitution was initially…

UNPUBLISHED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Reversed and remanded by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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 the district court’s order remitting the
restitution and remand with instructions to reinstate the
restitution order. 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.
REVERSED AND REMANDED

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