United States v. Clinton Deon Scarlett

Case: 12-13949 Date Filed: 04/18/2013 Page: 1 of 2

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-13949 ________________________ D.C. Docket No. 1:07-cr-20793-UU-2

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CLINTON DEON SCARLETT, Defendant - Appellant.

________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (April 18, 2013) Before DUBINA, Chief Judge, BARKETT and KLEINFELD, * Circuit Judges.

PER CURIAM:

Case: 12-13949 Date Filed: 04/18/2013 Page: 2 of 2

Clinton Deon Scarlett appeals the district court’s denial of his motion for a sentence reduction, pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 750 to the Sentencing Guidelines, following his conviction for maintaining a drug-involved premise in violation of 21 U.S.C. § 856(a)(1). Because of the lack of clarity in the record, we vacate Scarlett’s original sentence and remand to the district court to resentence in accordance with Amendment 750.

VACATED and REMANDED.