USA v. Phillip Alonzo Jones, (8th Cir. 2001)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 00-1450
United States of America, Appellee, v. Phillip Alonzo Jones, also known as Willow, Appellant.
Submitted: March 7, 2001 Filed: March 20, 2001
Before BOWMAN, BEAM, and LOKEN, Circuit Judges.
PER CURIAM.
In 1992, Phillip Alonzo Jones pleaded guilty to five drug and drug-related offenses, and was sentenced to an aggregate of 211 months imprisonment. After he successfully moved to vacate his conviction for using and carrying a firearm during and in relation to a drug-trafficking offense, under Bailey v. United States, 516 U.S. 137 (1995), the District Court1 resentenced him to 211 months imprisonment. Jones appeals, arguing that the Court erred in enhancing his offense level under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1) for possessing firearms in connection with the drug offense. He also contends that the government breached the 1992 plea agreement by failing to recommend an offense level that did not include the enhancement and a sentence at the low end of the resulting Guidelines imprisonment range. We grant JonesÂ’s request to file a pro se supplemental brief, and we have considered his tendered brief.
We first conclude that, by bringing a Bailey motion, Jones unbundled his interdependent sentences for multiple convictions, waived whatever expectation of finality he might have had regarding his sentence on the drug counts, and opened the door to the section 2D1.1(b)(1) enhancement. See Gardiner v. United States, 114 F.3d 734, 736 (8th Cir.), cert. denied,
Accordingly, we affirm the judgment of the District Court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Appeal from the United States
District Court for the
Eastern District of Missouri.
[UNPUBLISHED]
[1] The Honorable Rodney W. Sippel, United States District Judge for the Eastern District of Missouri.
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This document cites
- U.S. Court of Appeals for the Eighth Circuit - Dennis D. Brown, Defendant-Appellant, v. United States of America, Appellee. David Lawrence Hay, Defendant-Appellant, v. United States of America, Appellee., 169 F.3d 531 (8th Cir. 1999)
- U.S. Court of Appeals for the Eighth Circuit - Wayne Anthony Gardiner, Appellee, v. United States of America, Appellant. Ernesto Gutierrez-Silva, Appellee, v. United States of America, Appellant. Kevin Beal, Appellee, v. United States of America, Appellant., 114 F.3d 734 (8th Cir. 1997)
- U.S. Supreme Court - Bailey v. United States, 516 U.S. 137 (1995)
- U.S. Court of Appeals for the Sixth Circuit - Gerald M. Pasquarille, Petitioner-Appellant, v. United States of America, Respondent-Appellee., 130 F.3d 1220 (6th Cir. 1997)
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