United States v. Brown

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7182
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TYRELL DANTE BROWN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Robert G. Doumar, Senior
District Judge. (2:00-cr-00094-RGD-2)
Submitted: February 26, 2009 Decided: March 9, 2009
Before MICHAEL, MOTZ, and TRAXLER, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Tyrell Dante Brown, Appellant Pro Se. Fernando Groene, OFFICE OF
THE UNITED STATES ATTORNEY, Newport News, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tyrell Dante Brown appeals from the denial of his 18
U.S.C. § 3582(c) (2006) motion for reduction of sentence. On
appeal, Brown asserts that he is entitled to a reduction under
Amendment 715 of the Sentencing Guidelines, which was effective
on May 1, 2008, and may be applied retroactively. See U.S.
Sentencing Guidelines Manual § 1B1.10(c) (2008). Although the
district court issued its order prior to the effective date of
the Amendment, intervening law should, in general, govern cases
pending on direct review. Litton Sys. v. American Tel. & Tel.
Co., 746 F.2d 168, 173-74 (4th Cir. 1984). Accordingly, we
vacate the district court’s order and remand for consideration
of Brown’s motion in light of Amendment 715. We deny Brown’s
motion for appointment of counsel. 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
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