Pursuant to Seling v. Young, 531 U.S. 250, 121 S.Ct. 727, 148 L.Ed.2d 734 (2001), this matter is remanded to the district court for further proceedings consistent with the Supreme Court’s decision in this case. Additionally, because we remand this matter to the district court, appellant’s motion for “proceedings consistent with the opinion of the U.S. Supreme Court,” which was filed with this court, is denied without prejudice. Appellant may renew his motion in the district court following remand.