United States v. Jones, No. 18-2129 (10th Cir. 2019)Annotate this Case
Arnold Jones pleaded guilty to child abuse for driving on a reservation while intoxicated with his minor son in the car. He entered a guilty plea both before a tribal court and, after serving his tribal sentence, before a federal district court. Although child abuse itself was not a federal offense, federal law incorporated state law offenses committed by Native Americans on tribal land. After Jones pleaded guilty in federal court, the district court imposed a forty-month sentence. But, as all parties agreed, the district court made a miscalculation, imposing twelve unintended months. Jones appealed, asking the Tenth Circuit to vacate his sentence and to remand for imposition of the intended sentence. The government requested that the Court affirm the erroneous sentence because, it argued, the miscalculation was harmless due to the district court’s failure to impose a six-year mandatory minimum sentence. Concluding that the error was not harmless, the Tenth Circuit reversed and remanded for the district court to correct the sentence.