U.S. v. JONES

No. 06-3616.

507 F.3d 657 (2007)

UNITED STATES of America, Appellant, v. Charles E. JONES, III, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 2, 2007.


Attorney(s) appearing for the Case

Abbie Crites-Leoni, AUSA, argued, Cape Girardeau, MO, for appellant.

Michael A. Skrien, FPD Cape Girardeau, MO, for appellee.

Before BYE, BENTON, and SHEPHERD, Circuit Judges.


BENTON, Circuit Judge.

Charles E. Jones, III, pled guilty to two counts of distributing cocaine base and was sentenced to 120 months, the mandatory minimum under 21 U.S.C. § 841(b)(1)(B). The United States appeals the sentence as unreasonable. Having jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(b), this court vacates the sentence and remands for resentencing.

I.

On April 25, 2003, Jones sold 11.9 grams of cocaine base to...

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