United States v. Jones, No. 15-1636 (3d Cir. 2016)
Annotate this CaseIn 1999, Jones fled from Pennsylvania police, who discovered a gun in the area and concluded that Jones had discarded it. Jones was convicted under 18 U.S.C. 922(g)(1); 924(e) for possession of a firearm by a convicted felon. The court sentenced Jones under the Armed Career Criminal Act, which requires a sentence of at least 180 months for anyone convicted under section 922(g) who has three convictions for a “violent felony” or “serious drug offense.” Jones had convictions for robbery and aggravated assault, and two controlled substances convictions. The Third Circuit affirmed. Jones was denied post-conviction relief. Jones was released from custody in 2013. Jones was later arrested on state drug charges. The court ordered him returned to prison. Under 18 U.S.C. 3583(e)(3), the maximum permissible revocation sentence depends on the classification of “the offense that resulted in the term of supervised release.” Relying on the Supreme Court’s 2013 "Alleyne" decision, Jones unsuccessfully argued that he was subject to no more than two years’ imprisonment because his offense was properly categorized as a Class C felony. The court concluded that his offense was a Class A felony and imposed a 40-month sentence. The Third Circuit affirmed, rejecting “ Jones’s efforts to bifurcate his original conviction and sentence from his revocation sentence, and to characterize this appeal as a direct challenge to a classification determination made in imposing the latter.”
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