United States v. Albert Terrill Jones

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 08-16755 ELEVENTH CIRCUIT
APRIL 24, 2009
Non-Argument Calendar
THOMAS K. KAHN
________________________
CLERK
D. C. Docket No. 02-00122-CR-T-24EAJ
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALBERT TERRILL JONES,
a.k.a. Berto,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(April 24, 2009)
Before BLACK, BARKETT and PRYOR, Circuit Judges.
PER CURIAM:
Albert Terrell Jones appeals his sentence of imprisonment for 243 months,
which was imposed after the district court reduced Jones’s original sentence of
imprisonment of 300 months for his drug crimes. 18 U.S.C. § 3582(c)(2). The
district court sentenced Jones within the amended guideline range, but Jones
requested a further reduction of his sentence. We affirm.
The district court was not required to grant Jones a greater reduction of
sentence. Jones argues that the record is insufficient to determine whether the
district court applied United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160
L.Ed.2d 621 (2005), but Booker does not apply to sentence reductions under
section 3582(c)(2). See United States v. Melvin, 556 F.3d 1190, 1191–93 (11th
Cir. 2009) (per curiam); United States Sentencing Guideline § 1B1.10(b)(2)(A)
(Mar. 2008). Jones also argues that the district court failed to consider the
sentencing factors, but the record establishes that the district court considered the
sentencing factors.
Jones’s modified sentence is AFFIRMED.
2