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12-13949•USA v. Clinton Deon Scarlett
12-13949Court of Appeals for the Eleventh CircuitApr 18, 2013
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 12-13949
________________________
D.C. Docket No. 1:07-cr-20793-UU-2
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CLINTON DEON SCARLETT,
Defendant - Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(April 18, 2013)
Before DUBINA, Chief Judge, BARKETT and KLEINFELD,* Circuit Judges.
PER CURIAM:
*
Honorable Andrew J. Kleinfeld, United States Circuit Judge for the Ninth Circuit, sitting
by designation.
Case: 12-13949 Date Filed: 04/18/2013 Page: 1 of 2
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2
Clinton Deon Scarlett appeals the district court’s denial of his motion for a
sentence reduction, pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 750 to the
Sentencing Guidelines, following his conviction for maintaining a drug-involved
premise in violation of 21 U.S.C. § 856(a)(1). Because of the lack of clarity in the
record, we vacate Scarlett’s original sentence and remand to the district court to
resentence in accordance with Amendment 750.
VACATED and REMANDED.
Case: 12-13949 Date Filed: 04/18/2013 Page: 2 of 2
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