UNITED STATES v. HOLMAN (2020)

ON REHEARING

Kelvin Jerod Holman petitions this court for panel rehearing of our decision affirming the district court's denial of relief on his motion for a sentence reduction pursuant to section 404 of the First Step Act of 2018 (“First Step Act”), Pub. L. No. 115-391, § 404, 132 Stat. 5194, 5222. See United States v. Holman, 783 F. App'x 289 (4th Cir. 2019). In light of our decisions in United States v. Wirsing, 943 F.3d 175 (4th Cir. 2019), and United States v. Gravatt, 953 F.3d 258 (4th Cir. 2020), we grant Holman's petition for panel rehearing, vacate the district court's order, and remand for consideration on the merits.^* We express no opinion on the ultimate disposition of Holman's First Step Act motion. See Gravatt, 953 F.3d at 264.

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

FOOTNOTES

FOOTNOTE.   The district court did not have the benefit of Wirsing and Gravatt when it decided Holman's case.

PER CURIAM:

Vacated and remanded by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.