United States v. Stephenson

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6701

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MICHAEL D. STEPHENSON, a/k/a Little Mikey, a/k/a Mikey,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Jerome B. Friedman, District Judge. (4:05-cr-00038-JBF-JEB-1)

Submitted: April 8, 2010 Decided: April 21, 2010

Before WILKINSON, MOTZ, and GREGORY, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion.

Michael D. Stephenson, Appellant Pro Se. Eric Matthew Hurt, Assistant United States Attorney, Newport News, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Michael D. Stephenson appeals the district court’s

orders denying his motion filed pursuant to 18 U.S.C.

§ 3582(c)(2) (2006), and motions for clarification and

reconsideration. In light of our recent decision in United

States v. Stewart, 595 F.3d 197 (4th Cir. 2010), we vacate the

district court’s orders and remand for further proceedings

consistent with Stewart. We dispense with oral argument because

the facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

VACATED AND REMANDED