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opinion should not be published and is not precedent except under the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