United States v. Jonathan Luther Jones
684 F. App'x 884
| 11th Cir. | 2017Background
- Jonathan Luther Jones, pro se, moved under 18 U.S.C. § 3582(c)(2) to reduce his sentence based on Amendment 782 to the Sentencing Guidelines.
- At original sentencing, Jones received 190 months on Count 38 (drug offense) and 120 months on Count 49 (firearm offense), to run concurrently.
- The PSI computed a base offense level for Count 38 under U.S.S.G. § 2D1.1, but grouping rules (U.S.S.G. §§ 3D1.2(c) and 3D1.3(a)) required using the higher adjusted offense level from Count 49.
- The district court concluded the guideline range (188–235 months) was based on Count 49 under § 2K2.1, not on the drug guideline § 2D1.1.
- Jones argued on appeal that because he received a higher term on the drug count (190 months), Amendment 782 (which reduced drug base levels) should apply to lower his guideline range.
- The district court denied relief; the Eleventh Circuit affirmed, holding Amendment 782 did not lower the guideline range because it did not change the base offense level under § 2K2.1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jones is eligible for a § 3582(c)(2) reduction based on Amendment 782 | Amendment 782 lowers the base level for the drug count (Count 38), which should reduce his guideline range and sentence | The guideline range was based on the firearm count (Count 49) under § 2K2.1 via grouping rules, so Amendment 782 does not alter the applicable range | Amendment 782 did not lower Jones’s applicable guideline range; § 3582(c)(2) relief denied |
| Whether a higher imposed sentence on the drug count means the guideline range was based on that count | The higher 190-month term on Count 38 shows the court relied on the drug guideline range | The higher term on Count 38 was imposed to achieve a total punishment within the guideline range calculated from Count 49, per § 5G1.2(c) | The sentencing pattern reflected § 5G1.2(c) application; the guideline range was based on the firearm count |
Key Cases Cited
- United States v. Colon, 707 F.3d 1255 (11th Cir. 2013) (de novo review on scope of § 3582(c)(2))
- United States v. Bravo, 203 F.3d 778 (11th Cir. 2000) (must recalculate guideline range by substituting amended guideline only)
- United States v. Moore, 541 F.3d 1323 (11th Cir. 2008) (no § 3582(c)(2) relief if amendment reduces base level but not the guideline range on which sentence was based)