United States v. Jones
United States v. Jones
Opinion
Case: 24-60629 Document: 40-1 Page: 1 Date Filed: 07/03/2025
United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-60629 Summary Calendar FILED ____________ July 3, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Mark Randall Jones, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:09-CR-96-1 ______________________________ Before Haynes, Higginson, and Douglas, Circuit Judges.
Per Curiam: * Mark Randall Jones, federal prisoner # 69510-112, appeals the denial of his motion for a sentence reduction, filed pursuant to 18 U.S.C. § 3582(c)(2), based upon Amendment 821 to the Sentencing Guidelines.
The district court determined that Jones was not eligible for a reduction as a zero-point offender because he had an aggravating role adjustment under _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 24-60629 Document: 40-1 Page: 2 Date Filed: 07/03/2025
No. 24-60629
U.S.S.G. § 3B1.1. See U.S.S.G. § 4C1.1(a)(10) (2023); see also United States v. Morales, 122 F.4th 590, 597 (5th Cir. 2024).
On appeal, Jones argues that the § 3B1.1 aggravating role increase was not justified and that this court erred in finding the error harmless on direct appeal because the district court has now denied him a § 4C1.1 reduction based upon it. Jones seeks resentencing on the issue of his role in the offense.
A proceeding under § 3582(c)(2) is not a full resentencing. United States v. Doublin, 572 F.3d 235, 238 (5th Cir. 2009). In determining whether a defendant is eligible for a § 3582(c)(2) reduction, a district court may only substitute the amended guideline provision for the corresponding provision applied at sentencing. See U.S.S.G. § 1B1.10(b)(1), p.s.; United States v. Jones, 796 F.3d 483, 486 (5th Cir. 2015). Accordingly, the district court did not abuse its discretion in denying relief under § 3582(c)(2). See United States v. Quintanilla, 868 F.3d 315, 319 (5th Cir. 2017).
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.