USA vs. Neal, (5th Cir. 1996)

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* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-11124 UNITED STATES OF AMERICA Plaintiff - Appellant v. MELVIN GLEN NEAL, also known as Glen Neal Defendant - Appellee Appeal from the United States District Court for the Northern District of Texas (4:95-CV-405-K) August 9, 1996 BEFORE KING, SMITH, and WIENER, Circuit Judges.

PER CURIAM: * The district court§ 2255, as amended, and dismissing with prejudice “the case against Melvin Glen Neal” is vacated. The district court abused its discretion in granting the writ and dismissing the case against Neal as a sanction for the governmentÂ’s tardiness in filing its response to NealÂ’s amended motion. The case is remanded to the district court for further proceedings.

VACATED and REMANDED.

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