USA v. Addison et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cr-134-FDW-SCR-15
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. )
) ORDER OF INSTRUCTIONS
MARQUEL MICHAEL CUNNINGHAM, )
)
Defendant. )
_________________________________________ )
THIS MATTER comes before the Court on Defendant’s pro se Letter [Doc. 3396] in
which he asks the Court to “vacate [his] sentence.”
The Defendant’s Letter is construed as a Motion to Vacate pursuant to 28 U.S.C. § 2255.1
The Clerk will be instructed to open the Letter as a § 2255 Motion to Vacate in a new civil action.
IT IS, THEREFORE, ORDERED that Defendant’s pro se Letter [Doc. 3396] is
recharacterized as a § 2255 Motion to Vacate. The Clerk is instructed to open the Letter as a §
2255 Motion to Vacate in a new civil case.
1 No pre-recharacterization warnings are required pursuant to United States v. Castro, 540 U.S. 375 (2003) because
this is not the Defendant’s first Motion to Vacate. See Case No. 3:22-cv-88.
Signed: June 13, 2023
Case 3:17-cr-00134-FDW-MTO Document 3470 Filed 06/14/23 Page 1 of 1