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23-4621•United States of America v. Alex Kai Tick Chin
23-4621Court of Appeals for the Fourth CircuitMay 30, 2024
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-4621
UNITED STATES OF AMERICA,
Plaintiff – Appellant,
v.
ALEX KAI TICK CHIN,
Defendant – Appellee.
Appeal from the United States District Court for the Southern District of West Virginia, at
Huntington. Robert C. Chambers, District Judge. (3:22–cr–00087–1)
Submitted: March 29, 2024 Decided: May 30, 2024
Before WYNN, RICHARDSON, and RUSHING, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
ON BRIEF: William S. Thompson, United States Attorney, Jennifer Rada Herrald,
Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY,
Charleston, West Virginia, for Appellant. Sebastian M. Joy, JOY LAW OFFICE,
Catlettsburg, Kentucky, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Defendant Alex Kai Tick Chin has been charged with various sex offenses pursuant
to a three-count second superseding indictment. In this interlocutory appeal, the
government challenges the district court’s decision, pursuant to Federal Rule of Evidence
414, to preclude it from introducing evidence of Chin’s previous conviction for possession
of child pornography. See United States v. Chin, No. CR 3:22-00087, 2023 WL 6446201,
at *4 (S.D.W. Va. Sept. 29, 2023). We have jurisdiction under 18 U.S.C. § 3731.
We vacate and remand the district court’s order for further consideration in light of
our recent decision in United States v. Hoover, 95 F.4th 763, 772 (4th Cir. 2024). We
dispense with oral argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would not aid the decisional
process.
VACATED AND REMANDED
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