United States v. Vernon Adams

U.S. Court of Appeals for the Eleventh Circuit

United States v. Vernon Adams

Opinion

USCA11 Case: 19-14153 Date Filed: 03/18/2021 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 19-14153

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D.C. Docket No. 6:98-cr-00091-CEM-GJK-2 UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus VERNON ADAMS,

Defendant-Appellant.

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Appeal from the United States District Court

for the Middle District of Florida

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(March 18, 2021) Before JORDAN, NEWSOM, and TJOFLAT, Circuit Judges. PER CURIAM:

Vernon Adams appeals the district court’s partial grant of his motion for reduction of sentence pursuant to § 404 of the First Step Act, Pub. L. No. 115-391,

USCA11 Case: 19-14153 Date Filed: 03/18/2021 Page: 2 of 2 132 Stat. 5194, and 18 U.S.C. § 3582(c)(1)(B). Mr. Adams concedes in his supplemental brief that his main argument is foreclosed by our decision in United States v. Jones, 962 F. 3d 1290, 1301-02 (11th Cir. 2020), but argues that we should remand because it is unclear whether the district court understood its authority to sentence below the revised guidelines range.

Assuming that this argument was properly raised for the first time in a post- Jones supplemental brief, cf. United States v. Dosham, 795 F.3d 1329, 1331 (11th Cir. 2015) (en banc), we do not believe a remand is needed. There is nothing in the record to suggest that the district court misunderstood its authority.

AFFIRMED.

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Reference

Status
Unpublished