USA v. Pernell D. Scott

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 15-13858
Non-Argument Calendar
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D.C. Docket No. 1:08-cr-21104-DMM-13
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PERNELL D. SCOTT,
a.k.a. P-Dubb,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(August 4, 2016)
Before HULL, MARCUS and BLACK, Circuit Judges.
PER CURIAM:
Case: 15-13858 Date Filed: 08/04/2016 Page: 1 of 2

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Pernell Scott, proceeding pro se, appeals the district court’s denial of Scott’s
motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c) and Amendment
782. The Government concedes that the district court erroneously concluded that
Scott is ineligible for a sentence reduction and suggests that we reverse the district
court’s order and remand for the district court to determine, in its discretion,
whether a sentence reduction is warranted under the 18 U.S.C. § 3553(a) factors.
See Dillon v. United States, 560 U.S. 817, 827, 130 S. Ct. 2683, 2691–92 (2010)
(“At step one, § 3582(c)(2) requires the court to follow the Commission’s
instructions in § 1B1.10 to determine the prisoner’s eligibility for a sentence
modification and the extent of the reduction authorized. . . . At step two of the
inquiry, § 3582(c)(2) instructs a court to consider any applicable § 3553(a) factors
and determine whether, in its discretion, the reduction authorized by reference to
the policies relevant at step one is warranted in whole or in part under the
particular circumstances of the case.”).
VACATED and REMANDED.
Case: 15-13858 Date Filed: 08/04/2016 Page: 2 of 2

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