United States v. Kenneth Jones, No. 20-2968 (8th Cir. 2021)
Annotate this CaseCourt Description: [Per Curiam - Before Loken, Gruender, and Grasz, Circuit Judges] Criminal case - Sentencing. The district court denied defendant's motion for compassionate release for failure to to exhaust administrative remedies; the government concedes the defendant did exhaust, and the matter is reversed and remanded for further proceedings. [ February 09, 2021 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2968 ___________________________ United States of America Plaintiff - Appellee v. Kenneth J. Jones Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - El Dorado ____________ Submitted: January 20, 2021 Filed: February 10, 2021 [Unpublished] ____________ Before LOKEN, GRUENDER, and GRASZ, Circuit Judges. ____________ PER CURIAM. Kenneth J. Jones, a federal prisoner, appeals the district court’s order denying his motion for compassionate release for failure to exhaust his administrative remedies. The government concedes error and moves for remand, specifically noting it earlier conceded Jones had exhausted administrative remedies. Accordingly, we summarily reverse and remand for further proceedings on the merits of Jones’s motion for compassionate release. See 8th Cir. R. 47A(a). The government’s motion is granted, except the remand will not be limited nor briefing stayed as requested. ______________________________ -2-
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