Scribd Logo
Upload

Welcome to Scribd!

  • United States v. Jones, 10th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    5 views2 pages
    The United States Court of Appeals for the Tenth Circuit granted the joint motion of the parties to submit the case of United States v. Carless Jones for decision without oral argument. The government conceded that the district court erred in concluding it lacked authority to reduce Jones's sentence below 235 months imprisonment. As Jones's original sentence was below the then-applicable Guidelines range, the district court had power under U.S.S.G. §1B1.10(b)(2)(B) to impose a sentence proportionately below the newly amended crack cocaine Guidelines range, as low as 193 months imprisonment. The Tenth Circuit remanded the case to the district court to exercise its discretion to further reduce Jones's sentence pursuant to the

    Original Description:

    Filed: 2009-10-01 Precedential Status: Non-Precedential Docket: 09-1105

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The United States Court of Appeals for the Tenth Circuit granted the joint motion of the parties to submit the case of United States v. Carless Jones for decision without oral argument. The government conceded that the district court erred in concluding it lacked authority to reduce Jones's sentence below 235 months imprisonment. As Jones's original sentence was below the then-applicable Guidelines range, the district court had power under U.S.S.G. §1B1.10(b)(2)(B) to impose a sentence proportionately below the newly amended crack cocaine Guidelines range, as low as 193 months imprisonment. The Tenth Circuit remanded the case to the district court to exercise its discretion to further reduce Jones's sentence pursuant to the

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    5 views2 pages

    United States v. Jones, 10th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Tenth Circuit granted the joint motion of the parties to submit the case of United States v. Carless Jones for decision without oral argument. The government conceded that the district court erred in concluding it lacked authority to reduce Jones's sentence below 235 months imprisonment. As Jones's original sentence was below the then-applicable Guidelines range, the district court had power under U.S.S.G. §1B1.10(b)(2)(B) to impose a sentence proportionately below the newly amended crack cocaine Guidelines range, as low as 193 months imprisonment. The Tenth Circuit remanded the case to the district court to exercise its discretion to further reduce Jones's sentence pursuant to the

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    FILED

    United States Court of Appeals


    Tenth Circuit

    October 1, 2009
    UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker
    Clerk of Court

    TENTH CIRCUIT

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.

    No. 09-1105
    (D. Colorado)

    CARLESS JONES,

    (D.C. No. 1:97-CR-00138-JLK-1)

    Defendant - Appellant.

    ORDER AND JUDGMENT *

    Before KELLY, EBEL, and MURPHY, Circuit Judges.

    This matter is before the court on the parties joint motion to submit this
    case for decision on the briefs. For those reasons set out below, we grant the
    motion to submit on the briefs, strike this case from the November 19, 2009, oral
    argument calendar, and remand the matter to the district court for further
    proceedings.
    As grounds for their joint motion to submit on the briefs, the parties note
    they are in agreement as to how this case should be resolved. In particular, the

    This order and judgment is not binding precedent except under the
    doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
    however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
    Cir. R. 32.1.

    government concedes the district court erred in concluding it was without power,
    pursuant to the terms of U.S.S.G. 1B1.10(b)(2)(A), to reduce Carless Joness
    sentence below 235 months imprisonment. Because Joness original sentence was
    a below-Guidelines-range sentence, 1 the government concedes U.S.S.G.
    1B1.10(b)(2)(B) empowered the district court to impose a sentence
    proportionately below the newly amended crack cocaine Guidelines range. Both
    parties agree that pursuant to 1B1.10(b)(2)(B), the district court had the power
    to impose a sentence as low as, but no lower than, 193 months imprisonment.
    In light of the governments well-stated concession of error, this matter is
    hereby remanded to the district court to exercise its discretion, should it so
    choose, to further reduce Joness sentence pursuant to 1B1.10(b)(2)(B). 2
    Counsel are hereby excused from attendance at oral argument, previously
    scheduled for November 19, 2009, in Denver, Colorado.
    ENTERED FOR THE COURT

    Michael R. Murphy
    Circuit Judge
    1

    To be specific, Joness original sentence was a downward departure from


    the then applicable Guidelines range, not an 18 U.S.C. 3553(a) variance from
    the then applicable Guidelines range. See U.S.S.G. 1B1.10(b)(2)(B).
    2

    Jones likewise concedes his claim that Booker applies to a motion to


    reduce a sentence pursuant to 18 U.S.C. 3582(c)(2) is precluded by this courts
    decision in United States v. Rhodes, 549 F.3d 833 (10th Cir. 2008), cert. denied,
    129 S. Ct. 2052 (2009). He merely raised the claim to preserve the issue for
    possible Supreme Court review.
    -2-

    You might also like