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UNITED STATES v. ADAMS (2021)

United States Court of Appeals, Eleventh Circuit.2021-03-18No. No. 19-14153

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Opinion

Vernon Adams appeals the district courts partial grant of his motion for reduction of sentence pursuant to § 404 of the First Step Act, Pub. L. No. 115-391, 132 Stat. 5194, and 18 U.S.C. § 3582(c)(1)(B). Mr. Adams concedes in his supplemental brief that his main argument is foreclosed by our decision in United States v. Jones, 962 F. 3d 1290, 1301-02 (11th Cir. 2020), but argues that we should remand because it is unclear whether the district court understood its authority to sentence below the revised guidelines range.

Assuming that this argument was properly raised for the first time in a post-Jones supplemental brief, cf. United States v. Durham, 795 F.3d 1329, 1331 (11th Cir. 2015) (en banc), we do not believe a remand is needed. There is nothing in the record to suggest that the district court misunderstood its authority.

AFFIRMED.

PER CURIAM: