US v. Cleveland McLean, Jr.

Filing 920090826

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6451

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CLEVELAND MCLEAN, JR., Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (2:90-cr-00105-HCM-TEM-5)

Submitted:

August 7, 2009

Decided:

August 26, 2009

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion.

Cleveland McLean, Jr., Appellant Pro Se. Charles Philip Rosenberg, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Cleveland McLean, Jr., appeals from the district

court's order denying his 18 U.S.C. § 3582 (2000) motion for reduction of sentence. difficult to While his motion was long, rambling, and McLean cited Sentencing Guidelines The

understand,

Amendments 500, 570, and 640 as the basis for his motion.

district court construed the motion as invoking Amendments 706, 711, and 715. Because the district court did not consider

McLean's motion on the grounds raised, we vacate and remand for reconsideration. informal brief. motion. legal before We grant McLean's motion to supplement his We express no opinion on the merits of McLean's

We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional

contentions the court

would

process. VACATED AND REMANDED

2