USA v. Jemel Stone, No. 12-11901 (11th Cir. 2013)
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Case: 12-11901 Date Filed: 06/10/2013 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-11901 Non-Argument Calendar ________________________ D.C. Docket No. 4:00-cr-00176-BAE-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JEMEL STONE, a.k.a. Satin Stone, a.k.a. Teddy Blaze, a.k.a. Satin Marshall, a.k.a. Derrick Volt, a.k.a. John Hatchet, a.k.a. Freddie Reese, a.k.a. B, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Georgia ________________________ (June 10, 2013) Case: 12-11901 Date Filed: 06/10/2013 Page: 2 of 3 Before BARKETT, MARCUS and KRAVITCH, Circuit Judges. PER CURIAM: Jemel Stone, pro se, appeals the district court s denials of his motion for a sentence reduction, pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 750 to the Sentencing Guidelines, and his subsequent motion for reconsideration, following his conviction for possession of cocaine base with intent to distribute in violation of 21 U.S.C. § 841(a). The district court concluded that Stone qualified for a sentence reduction under § 3582(c)(2), but declined to reduce his sentence after consideration of the 18 U.S.C. § 3553(a) factors, noting that Stone attempted to sell cocaine base while in possession of a firearm and had a lengthy criminal history. We review the district court s denial of a § 3582(c)(2) motion for an abuse of discretion. United States v. James, 548 F.3d 983, 984 n.1 (11th Cir. 2008). Under § 3582(c)(2), a court may reduce a defendant s sentence if the sentence was based on a sentencing range that has been subsequently lowered by the U.S. Sentencing Commission. 18 U.S.C. § 3582(c)(2). In determining whether to reduce a sentence, the court must first recalculate the defendant s guidelines range under the amended guidelines and must then consider whether a reduction is warranted by the § 3553(a) factors. United States v. Bravo, 203 F.3d 778, 780-81 (11th Cir. 2000). The court s power to reduce a defendant s sentence is discretionary. United States v. Vautier, 144 F.3d 756, 760 (11th Cir. 1998). 2 Case: 12-11901 Date Filed: 06/10/2013 Page: 3 of 3 The district court s order here demonstrates that it properly recalculated Stone s amended guidelines range and then properly considered the pertinent factors, including the nature and circumstances of the offense and Stone s criminal history. See 18 U.S.C. § 3553(a). The district court did not abuse its discretion by refusing to consider Stone s post-conviction rehabilitation, see U.S.S.G. § 1B1.10, comment. (n.1(B)(iii)) ( The court may consider post-sentencing conduct of the defendant . . . . (emphasis added)), and it adequately explained its reasons for denying Stone s motions. Accordingly, we find the court did not commit a clear error in judgment by declining to reduce Stone s sentence and affirm the denial of Stone s motion for a sentence reduction and his motion for reconsideration. AFFIRMED. 3
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