USA v. Pernell D. Scott, No. 15-13858 (11th Cir. 2016)
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Case: 15-13858 Date Filed: 08/04/2016 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-13858 Non-Argument Calendar ________________________ D.C. Docket No. 1:08-cr-21104-DMM-13 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PERNELL D. SCOTT, a.k.a. P-Dubb, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (August 4, 2016) Before HULL, MARCUS and BLACK, Circuit Judges. PER CURIAM: Case: 15-13858 Date Filed: 08/04/2016 Page: 2 of 2 Pernell Scott, proceeding pro se, appeals the district court’s denial of Scott’s motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c) and Amendment 782. The Government concedes that the district court erroneously concluded that Scott is ineligible for a sentence reduction and suggests that we reverse the district court’s order and remand for the district court to determine, in its discretion, whether a sentence reduction is warranted under the 18 U.S.C. § 3553(a) factors. See Dillon v. United States, 560 U.S. 817, 827, 130 S. Ct. 2683, 2691–92 (2010) (“At step one, § 3582(c)(2) requires the court to follow the Commission’s instructions in § 1B1.10 to determine the prisoner’s eligibility for a sentence modification and the extent of the reduction authorized. . . . At step two of the inquiry, § 3582(c)(2) instructs a court to consider any applicable § 3553(a) factors and determine whether, in its discretion, the reduction authorized by reference to the policies relevant at step one is warranted in whole or in part under the particular circumstances of the case.”). VACATED and REMANDED. 2
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