No. 14-4517
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
T. S. Ellis, III, Senior
District Judge. (1:03-cr-00612-TSE-1)
Submitted:
Decided:
May 6, 2015
Joseph
J.
McCarthy,
DELANEY,
MCCARTHY
&
COLTON,
P.C.,
Alexandria, Virginia, for Appellant. Dana J. Boente, United
States Attorney, Morris R. Parker, Jr., Assistant United States
Attorney, Alexandria, Virginia, for Appellee.
PER CURIAM:
Anthony
Brown
appeals
from
the
district
courts
order
We
district
courts
determining
Raines
v.
common
whether
United
an
States,
sense
and
evidentiary
423
F.2d
sound
discretion
hearing
526,
530
must
(4th
when
be
held.
Cir.
1970)
of
guilty
circumstances
necessitate
an
plea).
evidentiary
However,
hearing
where
to
the
fairly
For these
order
to
develop
an
adequate
record
upon
which
fully
We
Accordingly,
the
order
of
the
district
court
is
hereby
and
materials
legal
before
contentions
are
adequately
this
and
argument
court
presented
would
not
in
the
aid
the
decisional process.
VACATED AND REMANDED
WITH INSTRUCTIONS