US v. Michael Stephenson, No. 08-6701 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6701 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL D. STEPHENSON, a/k/a Little Mikey,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 Vacated and remanded by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 orders denying § 3582(c)(2) D. his Stephenson motion filed and motions (2006), reconsideration. In appeals light of the pursuant our for recent district to court s 18 U.S.C. clarification decision in and United States v. Stewart, 595 F.3d 197 (4th Cir. 2010), we vacate the district court s orders consistent with Stewart. and remand for further proceedings 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 2

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