Filed: Jul. 13, 2020
Latest Update: Sep. 22, 2020
Summary: ON REHEARING UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6544 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KENYATTE BROWN, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Margaret B. Seymour, Senior District Judge. (3:01-cr-01109-MBS-1) Submitted: June 30, 2020 Decided: July 13, 2020 Before KEENAN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge. Vacated and remanded by unpublished pe
Summary: ON REHEARING UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6544 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KENYATTE BROWN, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Margaret B. Seymour, Senior District Judge. (3:01-cr-01109-MBS-1) Submitted: June 30, 2020 Decided: July 13, 2020 Before KEENAN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge. Vacated and remanded by unpublished per..
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ON REHEARING
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6544
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENYATTE BROWN,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at
Columbia. Margaret B. Seymour, Senior District Judge. (3:01-cr-01109-MBS-1)
Submitted: June 30, 2020 Decided: July 13, 2020
Before KEENAN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge.
Vacated and remanded by unpublished per curiam opinion.
Emily Deck Harrill, Assistant Federal Public Defender, OFFICE OF THE FEDERAL
PUBLIC DEFENDER, Columbia, South Carolina, for Appellant. Sherri A. Lydon, United
States Attorney, William K. Witherspoon, Assistant United States Attorney, OFFICE OF
THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kenyatte Brown petitions this court for panel rehearing and rehearing en banc of
our decision affirming the district court’s denial of relief on Brown’s motion for a sentence
reduction pursuant to section 404 of the First Step Act of 2018, Pub. L. No. 115-391, 132
Stat. 5194, 5222. See United States v. Brown, 785 F. App’x 189, 190 (4th Cir. 2019). In
light of our decisions in United States v. Woodson, __ F.3d__, No. 19-6976,
2020 WL
3443925 (4th Cir. June 24, 2020), and United States v. Chambers,
956 F.3d 667 (4th Cir.
2020), we grant Brown’s petition for panel rehearing, vacate the district court’s order, and
remand for consideration of Brown’s claims on the merits. ∗ We express no opinion on the
merits of Brown’s First Step Act motion. We dispense with oral argument because the
facts and legal contentions are adequately presented in the materials before this court and
argument would not aid the decisional process.
VACATED AND REMANDED
∗
The district court did not have the benefit of Woodson and Chambers when it
denied Brown’s motion in this case.
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