3:17-cr-00134•USA v. Addison et al
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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
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