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U.S. v. JONES

No. 04-5618.

417 F.3d 547 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Justin JONES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 1, 2005.

Attorney(s) appearing for the Case

ARGUED: Charles G. Currier, Knoxville, Tennessee, for Appellant. Nancy Stallard Harr, Assistant United States Attorney, Greenville, Tennessee, for Appellee.

ON BRIEF: Charles G. Currier, Knoxville, Tennessee, for Appellant. Nancy Stallard Harr, Assistant United States Attorney, Greenville, Tennessee, for Appellee.

Before: CLAY, GILMAN, and COOK, Circuit Judges.

CLAY, Circuit Judge.

Justin Jones appeals his 540-month sentence for carjacking. 18 U.S.C. § 2119. So far as we can discern from his brief and counsel's presentation at oral argument, Jones claims the district court engaged in constitutionally impermissible judicial fact-finding as it determined the appropriate extent of a downward departure, which the district court granted on account of Jones's substantial assistance to the government. See U.S.S.G. ...

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