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United States v. McLean, 4th Cir. (2009)

This document summarizes a United States Court of Appeals case. It discusses how Cleveland McLean Jr. appealed a district court's denial of his motion for a sentence reduction under 18 U.S.C. 3582. While McLean's motion cited Sentencing Guideline Amendments 500, 570, and 640, the district court construed the motion under different amendments. The appeals court vacated the district court's ruling and remanded the case because the lower court did not consider the specific grounds raised in McLean's motion. The appeals court granted McLean's request to supplement his brief and expressed no view on the merits of the motion.

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27 views2 pages

United States v. McLean, 4th Cir. (2009)

This document summarizes a United States Court of Appeals case. It discusses how Cleveland McLean Jr. appealed a district court's denial of his motion for a sentence reduction under 18 U.S.C. 3582. While McLean's motion cited Sentencing Guideline Amendments 500, 570, and 640, the district court construed the motion under different amendments. The appeals court vacated the district court's ruling and remanded the case because the lower court did not consider the specific grounds raised in McLean's motion. The appeals court granted McLean's request to supplement his brief and expressed no view on the merits of the motion.

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UNPUBLISHED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Vacated and remanded by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

courts 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

McLeans motion on the grounds raised, we vacate and remand for


reconsideration.
informal brief.
motion.
legal
before

We grant McLeans motion to supplement his


We express no opinion on the merits of McLeans

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

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