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United States v. Gilyard

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jan 29, 2019
No. 18-7071 (4th Cir. Jan. 29, 2019)

Opinion

No. 18-7071

01-29-2019

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BOBBY MICHAEL GILYARD, a/k/a Big Mike, Defendant - Appellant.

Bobby Michael Gilyard, Appellant Pro Se. Alan Lance Crick, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee.


ON REHEARING

UNPUBLISHED

Appeal from the United States District Court for the District of South Carolina, at Anderson. Henry M. Herlong, Jr., Senior District Judge. (8:09-cr-00274-HMH-1) Before NIEMEYER and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Vacated and remanded by unpublished per curiam opinion. Bobby Michael Gilyard, Appellant Pro Se. Alan Lance Crick, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Bobby Michael Gilyard appeals the district court's August 2, 2018, order denying his Fed. R. Civ. P. 60(b)(6) motion for relief from its prior order denying his 18 U.S.C. § 3582(c)(2) (2012) motions for a sentence reduction based on the Fair Sentencing Act of 2010. We previously affirmed the district court's order. Gilyard petitions for rehearing based on the First Step Act of 2018, Pub. L. No. 115-391, § 404, 132 Stat. ___ (2018). Upon review of the petition, we grant rehearing, vacate the district court's order, and remand for its reconsideration in light of the First Step Act of 2018. 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


Summaries of

United States v. Gilyard

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jan 29, 2019
No. 18-7071 (4th Cir. Jan. 29, 2019)
Case details for

United States v. Gilyard

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BOBBY MICHAEL GILYARD…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jan 29, 2019

Citations

No. 18-7071 (4th Cir. Jan. 29, 2019)