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U.S. v. STEWART

No. 08-6575.

595 F.3d 197 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Maurice Anthony STEWART, a/k/a Marlon Stewart, a/k/a Jamaican Al, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 17, 2010.

Attorney(s) appearing for the Case

ARGUED: Robert F. Rider, Robert F. Rider, PLC, Roanoke, Virginia, for Appellant. Adam Benjamin Spencer, Office of The United States Attorney, Charlottesville, Virginia, for Appellee. ON BRIEF: Julia C. Dudley, United States Attorney, Roanoke, Virginia; Jean B. Hudson, Assistant United States Attorney, Office of The United States Attorney, Charlottesville, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge MICHAEL and Judge MOTZ joined.

OPINION

GREGORY, Circuit Judge:

In 2002, Maurice Anthony Stewart ("Stewart") was convicted of conspiracy to possess cocaine base and sentenced to 235 months. His sentence was subsequently reduced by forty-eight months to 187 months total after the government made a Federal Rule of Criminal Procedure 35 ("Rule 35") motion based on his substantial assistance. On February 20, 2008, Stewart filed a motion pursuant to 18 U.S.C. § 3582(c)(2), asking the court...

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