642 Fed.Appx. 832 (10th Cir. 2016), 15-8105, United States v. Jones

Docket Nº:15-8105
Citation:642 Fed.Appx. 832
Opinion Judge:Mary Beck Briscoe, Judge
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. STEVEN B. JONES, a/k/a Smooth, Defendant-Appellant
Attorney:For UNITED STATES OF AMERICA, Plaintiff - Appellee: James C. Anderson, Esq., Office of the United States Attorney, District of Wyoming, Cheyenne, WY; Jason M. Conder, Office of the United States Attorney, District of Wyoming, Lander, WY; David A. Kubichek, Esq., Office of the United States Attorn...
Judge Panel:Before BRISCOE, GORSUCH and McHUGH, Circuit Judges.
Case Date:February 29, 2016
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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642 Fed.Appx. 832 (10th Cir. 2016)

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

STEVEN B. JONES, a/k/a Smooth, Defendant-Appellant

No. 15-8105

United States Court of Appeals, Tenth Circuit

February 29, 2016

UNPUBLISHED OPINION

(D.C. No. 2:05-CR-00078-ABJ-5). (D. Wyo.).

For UNITED STATES OF AMERICA, Plaintiff - Appellee: James C. Anderson, Esq., Office of the United States Attorney, District of Wyoming, Cheyenne, WY; Jason M. Conder, Office of the United States Attorney, District of Wyoming, Lander, WY; David A. Kubichek, Esq., Office of the United States Attorney, District of Wyoming, Casper, WY.

STEVEN B. JONES, AKA Smooth, Defendant - Appellant, Pro se, Littleton, CO.

Before BRISCOE, GORSUCH and McHUGH, Circuit Judges.

ORDER AND JUDGMENT[*]

Mary Beck Briscoe, Judge

After examining the briefs and appellate record, this panel has determined unanimously

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to honor the parties' request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is, therefore, submitted without oral argument.

Steven Bradley Jones, Sr., appeals the district court's reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(2) after the Sentencing Commission retroactively reduced the base offense level corresponding to his crime of conviction. We review the district court's decision to reduce a sentence under 18 U.S.C. § 3582(c)(2) for abuse of discretion, but review de novo the district court's interpretation of a statute or the Sentencing Guidelines. United States v. Sharkey, 543 F.3d 1236, 1238 (10th Cir. 2008). We affirm.

In 2005, Jones was convicted of conspiracy to possess with intent to distribute, and to distribute, cocaine base, and conspiracy to use a place where crack cocaine is manufactured, distributed, and used, in violation of 21 U.S.C. § § 841, 846, and 856. Based on the amount of drugs attributed to Jones, his base offense level was 38. U.S.S.G. § 2D1.1 (2005). The district court applied a two-level enhancement for possessing a firearm during his offenses, but varied1 Jones' offense level downward four levels for reasons not relevant...

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