USA v. Myron Jone

Filing

Opinion issued by court as to Appellant Myron Jones. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam.

Case: 12-11390

Date Filed: 04/29/2013

Page: 1 of 2

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
___________________________
No. 12-11390
Non-Argument Calendar
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D. C. Docket No. 1:06-cr-20655-FAM-3
UNITED STATES OF AMERICA,

Plaintiff-Appellee,

MYRON JONES,
a.k.a “M”,
Defendant-Appellant.

__________________________
Appeal from the United States District Court
for the Southern District of Florida
__________________________
(April 29, 2013)

Before TJOFLAT, MARCUS and ANDERSON, Circuit Judges.

PER CURIAM:

Case: 12-11390

Date Filed: 04/29/2013

Page: 2 of 2

On April 3, 2007, Myron Jones was sentenced to concurrent prison terms of
70 months for conspiracy to possess with intent to distribute 5 or more grams of
crack cocaine, in violation of 21 U.S.C. § 846, and for possession of with intent to
distribute 5 grams or more of crack cocaine, in violation of 21 U.S.C. § 841(a).
In February 2010, the District Court reduced Jones’s sentences to terms of 60
months, the 5-year mandatory minimum sentence, pursuant to 18 U.S.C. § 3582(c),
based on Amendments 706, 711 and 715 to the Sentencing Guidelines.
On November 2, 2011, Jones moved the court to reduce his sentences further
again pursuant to § 3582(c), based on Amendment 750 to the Guidelines and the
Fair Sentencing Act of 2010 (“FSA”), arguing that the FSA, which lowered the
mandatory minimum sentence applicable in Jones’s case, should be applied
retroactively in § 3582(c) proceedings. The court denied his motion, and he
appeals its ruling.
Recent decisions of the Supreme Court, Dorsey v. United States, — U. S. —
-, 132 S. Ct. 2321, 181 L. Ed.2d 250 (2012), and this court, United States v.
Hippolyte, 2013 WL 978695 (C.A.11 (Fla)), foreclose Jones’s argument and
require that we affirm the District Court’s decision. The FSA does not apply in
cases, like Jones’s, where the convictions occurred and the sentences were imposed
prior to the FSA’s enactment.
AFFIRMED.
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