United States v. Neal

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’s judgment entered October 2, 1995 granting Melvin Glen Neal’s Motion to Vacate or Correct Sentence under 28 U.S.C. § 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 government’s tardiness in filing its response to Neal’s amended motion. The case is remanded to the district court for further proceedings. VACATED and REMANDED. * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. 2