USA v. Clinton Deon Scarlett, No. 12-13949 (11th Cir. 2013)

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Case: 12-13949 Date Filed: 04/18/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-13949 ________________________ D.C. Docket No.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: * Honorable Andrew J. Kleinfeld, United States Circuit Judge for the Ninth Circuit, sitting by designation. 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. 2

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