US v. Cleveland McLean, Jr., No. 09-6451 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6451 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CLEVELAND MCLEAN, JR., Defendant -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 Vacated and remanded by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 understand, McLean cited Sentencing Guidelines Amendments 500, 570, and 640 as the basis for his motion. The 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 contentions the court are adequately and argument presented would not in aid the the materials decisional process. VACATED AND REMANDED 2

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