No. 25-5312

Roy Lee Jones, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2025-08-08
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: None
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Question not identified.

Question Presented (OCR Extract)

1. Whether U.S.S.G. § 4C1.1(a)(10) (Nov. 2023) , which provides that a defendant is eligible for a two -level reduction if “the defendant did not receive an adjustment under § 3B1.1 (Aggravating Role) and was not engaged in a continuing criminal enterprise,” creates two independent disqualifying conditions (either of which bars relief) or requires both conditions to be present for disqualification ? 2. Whether a district court violates Dillon v. United States , 560 U.S. 817 (2010), and U.S.S.G. § 1B1.10(b)(1) when it makes new factual determinations about a defendant’s conduct that were never adjudicated at the original sentencing in order to deny eligibility for a sentence reduction under 18 U.S.C. § 3582(c)(2 ), raising fundamental questions about the proper scope of judicial fact -finding in sentence modification proceedings.

Docket Entries

2025-10-06
Petition DENIED.
2025-08-28
DISTRIBUTED for Conference of 9/29/2025.
2025-08-20
Waiver of United States of right to respond submitted.
2025-08-20
Waiver of right of respondent United States to respond filed.
2025-07-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2025)

Attorneys

Roy Lee Jones, Jr.
Dustin TalbotFederal Public Defender, Petitioner
Dustin TalbotFederal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent