United States v. Rodriguez Jones
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 4, 2026
Docket25-12883
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-12883
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RODRIGUEZ D. JONES,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:25-cr-00116-MLB-1
____________________
Before ROSENBAUM, GRANT, and TJOFLAT, Circuit Judges.
PER CURIAM:
Rodriguez Jones appeals his 48-month sentence imposed fol-
lowing the revocation of his supervised release term. On appeal,
Jones argues the District Court procedurally erred in failing to
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2 Opinion of the Court 25-12883
acknowledge the First Step Act “essentially reclassified” his prior
conviction as a Class B felony and substantively erred in applying a
five-year statutory maximum pursuant to its understanding of his
underlying offense as a Class A felony. Jones also argues the District
Court clearly erred in finding Jones violated the terms of his super-
vised release by possessing with intent to distribute the drugs found
in his bedroom. After careful review, we affirm Jones’s sentence.
I. FACTS AND PROCEDURAL HISTORY
In 2000, Jones was charged by a grand jury in the Central
District of Illinois with conspiring to distribute at least 50 grams of
cocaine base, in violation of 21 U.S.C. § 841(a)(1). Jones was found
guilty at trial. At sentencing, the district court found Jones respon-
sible for distributing at least 90 kilograms of cocaine and calculated
his sentencing range to be 360 months to life imprisonment. The
court sentenced Jones to 480 months’ imprisonment to be followed
by 10 years of supervised release. It imposed mandatory conditions
of supervised release prohibiting Jones from committing another
federal, state, or local crime and prohibiting him from possessing a
firearm, as defined in 18 U.S.C. § 921. The district court also im-
posed special supervised release conditions prohibiting Jones from
owning, purchasing, or possessing a firearm, ammunition, or other
dangerous weapons and prohibiting him from purchasing, pos-
sessing, using, distributing, or administering any controlled sub-
stance.
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25-12883 Opinion of the Court 3
While Jones was serving his sentence, Congress enacted the
Fair Sentencing Act of 2010, which reduced the crack-to-powder
cocaine disparity from 100–to–1 to 18–to–1. Fair Sentencing Act,
Pub. L. No. 111-220, 124 Stat. 2372. In Dorsey v. United States, the
Supreme Court described the events leading to the passage of the
Fair Sentencing Act:
During the next two decades, the [Sentencing] Com-
mission and others in the law enforcement commu-
nity strongly criticized Congress’s decision to set the
crack-to-powder mandatory minimum ratio at 100–
to–1. The Commission issued four separate reports
telling Congress that the ratio was too high and un-
justified because, for example, research showed the
relative harm between crack and powder cocaine less
severe than 100–to–1, because sentences embodying
that ratio could not achieve the Sentencing Reform
Act’s “uniformity” goal of treating like offenders
alike, because they could not achieve the “proportion-
ality” goal of treating different offenders (e.g., major
drug traffickers and low-level dealers) differently, and
because the public had come to understand sentences
embodying the 100–to–1 ratio as reflecting unjusti-
fied race-based differences.
567 U.S. 260, 268, 132 S. Ct. 2321, 2328 (2012). As relevant to this
case, the 10-year mandatory minimum imposed by 21 U.S.C.
§ 841(b)(1)(A) became triggered by the distribution of 280 grams or
more of crack cocaine (rather than 50 grams). That remains the
case today.
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Although the Fair Sentencing Act reformed the crack to
powder cocaine disparity for all cases moving forward, it did not
have retroactive impact. Thus, in 2018, while Jones was still serving
his sentence, Congress passed the First Step Act of 2018. Pub. L.
No. 115-391,132 Stat. 5194. This law gave district courts the discre-
tion “to apply retroactively the reduced statutory penalties for
crack-cocaine offenses in the Fair Sentencing Act of 2010 to mo-
vants sentenced before those penalties became effective.” United
States v. Russell, 994 F.3d 1230, 1234 (11th Cir. 2021) (quoting United
States v. Jones, 962 F.3d 1290, 1293 (11th Cir. 2020)).
On August 9, 2019, Jones moved to reduce his sentence pur-
suant to the First Step Act. On April 28, 2020, Jones’s motion was
granted and his sentence was reduced to time served and eight
years of supervised release. A day later, Jones was released from
custody and began supervised release. In March 2025, jurisdiction
of Jones’s supervised release was transferred to the Northern Dis-
trict of Georgia. In August 2025, the United States Probation Office
submitted a second amended violation report. The report alleged
three violations: that Jones possessed a firearm on August 10, 2024
(violations 1 and 2), 1 and that Jones committed new criminal con-
duct (felon possessing a firearm, possessing controlled substances,
and possessing methamphetamine with intent to distribute) on
April 25, 2025. The District Court conducted a hearing and found
1 As described above, Jones’s supervised release conditions included both a
mandatory condition that he “shall not possess a firearm” and a special condi-
tion that he “shall not own, purchase, or possess a firearm[.]”
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Jones violated his supervised release. It revoked Jones’s supervised
release and sentenced him to 48 months’ imprisonment, followed
by one year of supervised release. Jones timely appealed. He is cur-
rently incarcerated.
II. SENTENCING
A. Procedural Reasonableness
The District Court did not err in its guidelines calculation.
When reviewing a sentence for procedural reasonableness, we re-
view legal issues de novo and factual findings for clear error. United
States v. Rothenberg, 610 F.3d 621, 624 (11th Cir. 2010). Where, as
here, the defendant “did not object to the procedural reasonable-
ness” of his sentence “at the time of his sentencing,” we review
only for plain error. United States v. Vandergrift, 754 F.3d 1303, 1307
(11th Cir. 2014). “Our case law equates manifest injustice with the
plain error standard of review.” Id. To prevail on appeal, Jones
must demonstrate (1) the District Court erred; (2) the error was
plain; (3) the error affected his substantial rights, and (4) the error
seriously affects the fairness, integrity, or public reputation of judi-
cial proceedings. Id.
Under the 2024 Sentencing Guidelines, in effect when Jones
was sentenced in early 2025, a defendant with a criminal history
category of VI who committed a Grade A violation while on super-
vised release “as a result of a sentence for a Class A felony” had a
guidelines range of 51 to 63 months’ imprisonment.
U.S.S.G. § 7B1.4 (2024). Where, as here, the offense that resulted in
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the term of supervised release is a Class A felony, the maximum
term of imprisonment that a court may impose upon revocation of
supervised release is 5 years (or 60 months). 18 U.S.C. § 3583(e)(3).
Thus, the District Court calculated Jones’s guidelines range to be
51 to 63 months’ imprisonment, with a statutory maximum of 60
months’ imprisonment.
Jones’s underlying conviction and supervised release viola-
tions for distributing controlled substances are both Class A felo-
nies, as they both carry maximum statutory sentences of life im-
prisonment. 21 U.S.C. §§ 841(b)(1)(A)(iii), (viii). Jones was calcu-
lated to have a criminal history category of VI at the time he was
sentenced for his underlying conviction. Therefore, Jones’s sen-
tencing range at revocation of his supervised release was 51 to 60
months’ imprisonment, based on his Grade A violation while on
supervised release “as a result of a sentence for a Class A felony”
and accounting for his 60-month statutory maximum sentence
upon revocation. U.S.S.G. § 7B1.4 (2024); 18 U.S.C. § 3583(e)(3).
As Jones concedes, “no one—including defense counsel—
expressly told the district court that the [g]uidelines should have
been 33 to 41 months.” 2 On appeal, Jones argues he was not on
2 In the sentencing memorandum that he filed before his revocation hearing,
Jones “agree[d] that the [g]uidelines range [was] 51-60 months (for Grade A
violations) because [his] underlying conviction [was] technically a Class A fel-
ony,” but he argued that an appropriate sentencing range was 33-41 months’
imprisonment in order “to avoid unwarranted disparities under Section 3553,
and because the same jury conviction from a quarter-century ago would only
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25-12883 Opinion of the Court 7
supervised release “as a result of a sentence for a Class A felony”
because the Central District of Illinois’s reduction of his sentence
under the First Step Act created a “new 8-year term” of supervised
release in place of the original “10-year term.” He goes on, “[i]n
other words, the 8-year term of supervised release was ‘as a result
of’ an intervening event: the sentence reduction imposed on April
28, 2020, not the original old sentence imposed back in 2001.” 3
Jones further argues he was not “on supervised release as a
result of a sentence for a Class A felony” because the underlying
offense would be a Class B felony today, pursuant to the First Step
Act.
We find Jones’s arguments unconvincing. First, under bind-
ing Eleventh Circuit precedent, it’s unclear whether Jones would
have qualified for First Step relief at all, had his motion been filed
in our Circuit. At his original sentencing, Jones was held responsi-
ble for at least 90 kilograms of crack cocaine. That figure clearly
exceeds the modern 280 gram threshold under 21 U.S.C. §
be a Class B felony today” following the First Step Act’s passage. At his revo-
cation hearing, when the District Court asked if the parties “agree[d]
with . . . th[e] calculation of the guidelines,” Jones responded, “Correct, with
it ending at 60.”
3 Jones concedes “[he] could not find a single decision in this circuit that applies
[§ 3583(e)(3)] to a situation where the underlying offense was originally one
class, but the sentence was later reduced pursuant to the First Step Act because
the offense is now at a lower class,” but argues the District Court nonetheless
erred in calculating the guidelines because “the terms of the statute are
straightforward, at least as applied to this case.”
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841(b)(1)(A). Under binding Eleventh Circuit precedent, the district
court considering Jones’s motion for a reduced sentence would
have been bound by the sentencing judge’s earlier drug-quantity
finding of 90 kilograms of crack cocaine. See United States v. Jackson,
58 F.4th 1331, 1335 (11th Cir. 2023) (holding “the district court is
bound by a previous finding of drug quantity that could have been
used to determine the movant’s statutory penalty at the time of
sentencing”). Here, as in Jackson, Jones “cannot use a motion for a
reduced sentence to relitigate an earlier drug-quantity finding.” Id.
at 1338. It follows that the Central District of Illinois’s reduction of
Jones’s sentence did not reclassify Jones’s underlying offense to a
Class B felony, nor did Jones’s sentence reduction under the First
Step Act create a requirement that Jones’s penalty for violating su-
pervised release be modified “as if” Jones had been sentenced for a
Class B felony in the first instance. Indeed, as the First Step Act
plainly indicates, “[n]othing in this section shall be construed to re-
quire a court to reduce any sentence pursuant to this section.” First
Step Act § 404(c).
Next, despite Jones’s position that his reduced term of super-
vised release constituted a “new” term of supervised release, post-
revocation penalties relate to the original offense. Johnson v. United
States, 529 U.S. 694, 701, 120 S. Ct. 1795, 1801 (2000). Accordingly,
we reject Jones’s attempt to characterize a sentence reduction as a
new sentence.
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To iterate our explanation above, Jones’s arguments operate
under the mistaken assumption that the First Step Act (or his sub-
sequent sentence reduction under the Act) transformed his under-
lying offense from a Class A felony to a Class B felony. That is not
so. Nothing in the First Step Act empowers a district court to alter
the underlying offense or conviction. Instead, “[a]s its statutory text
indicates . . . § 404(b) of the First Step Act authorizes district courts
to reduce the sentences of defendants with covered offenses but
does not require them to do so.” United States v. Gonzalez, 71 F.4th
881, 885 (11th Cir. 2023). A district court may find a lower drug
quantity applied (i.e., one that would have subjected the defendant
to a Class B felony rather than a Class A felony) and thereby reduce
the defendant’s sentence as a result of the First Step Act. It is not,
however, required to do so: the decision remains within the district
court’s discretion. See United States v. Alexander, No. 25-10914, 2026
WL 295467, at *3 (11th Cir. Feb. 4, 2026) (“Alexander is incorrect
that the district court was ‘required’ to reclassify his original offense
of conviction as a class B felony.”) (citing Gonzalez, 71 F.4th at 885).
The District Court did not err, much less plainly err, in its guide-
lines calculation.
B. Substantive Reasonableness
After ensuring a defendant’s sentence is procedurally sound,
we evaluate the sentence’s substantive reasonableness by consider-
ing the totality of the circumstances under a deferential abuse-of-
discretion standard. Gall v. United States, 552 U.S. 38, 51, 128 S. Ct.
586, 597 (2007).
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A district court abuses its discretion when it “(1) fails to af-
ford consideration to relevant factors that were due significant
weight, (2) gives significant weight to an improper or irrelevant fac-
tor, or (3) commits a clear error of judgment in considering the
proper factors.” United States v. Irey, 612 F.3d 1160, 1189 (11th Cir.
2010) (en banc) (internal quotation marks omitted). We have pre-
viously emphasized we must give “due deference” to the district
court in its consideration of the sentencing factors. United States v.
Shabazz, 887 F.3d 1204, 1224 (11th Cir. 2018).
The District Court did not abuse its discretion in imposing a
48-month sentence. On appeal, Jones argues his sentence is sub-
stantively unreasonable because the District Court gave insuffi-
cient weight to the congressional intent underlying the First Step
Act when it evaluated the § 3553(a) factors. Jones argues “ignoring
the First Step Act’s changes with respect to the Guidelines—and
then putting great weight on the Guidelines—also resulted in un-
warranted sentencing disparities by perpetuating the very disparity
that Congress has tried to dismantle.” However, as the Govern-
ment argued at the sentencing hearing, the facts reflected in the
PSR bear out that Jones would face the same sentence if he were
convicted today. Ninety kilograms clearly exceeds the current 280-
gram Class A threshold under 21 U.S.C. § 841(b)(1)(A). After con-
sidering Jones’s argument regarding congressional intent, the Dis-
trict Court went on to properly consider the remaining 3553(a) fac-
tors. It did not abuse its discretion in imposing a 48-month sen-
tence.
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III. FACTUAL FINDINGS
Next, Jones argues that the District Court clearly erred when
it found that the government proved his drug-distribution super-
vised release violation by a preponderance of the evidence.4
We review a district court’s determination that a defendant
violated the terms of his supervised release for an abuse of discre-
tion. United States v. Copeland, 20 F.3d 412, 413 (11th Cir. 1994). A
district court’s findings of fact at a revocation hearing are reviewed
for clear error. United States v. Almand, 992 F.2d 316, 318 (11th
Cir. 1993). Clear error is present only when we are “left with a def-
inite and firm conviction that a mistake has been committed.”
United States v. Crawford, 407 F.3d 1174, 1177 (11th Cir. 2005).
A district court may revoke a defendant’s term of supervised
release if it finds by a preponderance of the evidence that he vio-
lated a condition of supervised release. 18 U.S.C. § 3583(e)(3);
United States v. Cunningham, 607 F.3d 1264, 1266 (11th Cir. 2010).
Here, the district did not abuse its discretion when it re-
voked Jones’s supervised release after it properly found he pos-
sessed drugs with the intent to distribute them. Officer Day testi-
fied at Jones’s revocation hearing that officers seized from Jones’s
4 As Jones notes: “[T]his matters because only the drug distribution violation
qualified as a Grade A violation under the Guidelines[,] [and] [w]ithout it, the
remaining violations are Grade B, and [the] Guidelines range would have
dropped to only 21 to 27 months.”
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person “a large white pill bottle,” “two clear plastic baggies of co-
caine,” “another clear plastic baggy containing blue circular-shaped
pills with a 30 imprint on the side of them,” and a DEA analysis
showed that plastic baggies found in the pill bottle contained co-
caine. He testified that officers seized marijuana from Jones’s vehi-
cle. He further testified that officers found “three various types of
drugs”: “a baggie that ha[d] what look[ed] like a mix of white and
blue pills,” “two baggies of sort of beige-colored pills,” and “small
baggies with blue round pills,”—along with “a debit credit card
with the name Rodriguez Jones on the front of it” in a red box
found in Jones’s bedroom. DEA analyses reflected that the beige
and mixed-color pills tested positive for methamphetamine, and
the blue round pills tested positive for fentanyl. Officer Day further
testified that officers seized marijuana and a scale with marijuana
residue from Jones’s residence. In total, Officer Day testified, offic-
ers seized “several hundred” pills.
Officer Day testified that officers seized from Jones’s vehicle
“drug packaging materials,” like “empty wrappers,” that had mari-
juana residue. He further testified that several of the blue pills
seized from Jones’s person field-tested positive for methampheta-
mine, and one officer, “[b]ased on prior arrests,” thought that they
“could also be fentanyl” because they “matched the same size,
color, characteristics of a previous arrest he had made.” Jones’s
wife consented to the officer’s search of the residence, and she sug-
gested to Officer Day that Jones possessed and distributed the drugs
in their home. Finally, Officer Day testified that the pills that offic-
ers found “were consistent with being used with a pill press.” With
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25-12883 Opinion of the Court 13
this evidence before it, the Court did not err by finding Jones pos-
sessed drugs with the intent to distribute them, nor did it abuse its
discretion by revoking his supervised release on that basis.
Jones’s arguments to the contrary are unavailing. First,
Jones’s wife did not testify, so the District Court did not make cred-
ibility determinations with respect to her; instead, it merely found
that Jones’s argument that his wife lied to officers while acting as a
confidential informant was “not very compelling.” Second, there
was ample evidence to connect Jones to the drugs that officers
seized, so the District Court did not clearly err by rejecting Jones’s
argument that his wife planted that evidence. Third, the district
court did not clearly err when it found that the blue pills found in
Jones’s residence were “similar” to those found on his person, as
that finding was supported by Officer Day’s testimony that the pills
found in both locations matched. Fourth, the scale with marijuana
residue found in Jones’s residence, and “drug packaging materials,”
like “empty wrappers,” with marijuana residue that was found in
Jones’s vehicle were sufficient to support a finding he was distrib-
uting the drugs found in both locations. Finally, the District Court’s
credibility determinations about witnesses’ testimony about the
debit card are entitled to deference, and, in any event, the debit
card bore Jones’s name, so the District Court could determine—
without clear error—that the debit card belonged to him. We af-
firm.
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IV. SECOND AMENDMENT
Finally, Jones argues we should vacate the District Court’s
judgment with respect to its finding he violated the term of his su-
pervised release by possessing a firearm. According to Jones, “the
Second Amendment does not permit the government to forever
ban all felons from possessing firearms.” Jones acknowledges “cir-
cuit precedent currently forecloses this argument, including even
[his] as-applied argument.” United States v. Dubois, 139 F.4th 887
(11th Cir. 2025). Notwithstanding, Jones preserved the argument
that Dubois was wrongly decided for purposes of en banc or Su-
preme Court review. Jones was correct in identifying Dubois as
binding precedent in our Circuit, and it remains so in the light of
the Supreme Court’s recent decision in United States v. Hemani, 608
U.S. 772, 146 S. Ct. 1677 (2026).
V. CONCLUSION
Jones’s sentence is procedurally and substantively reasona-
ble. His Second Amendment challenge is foreclosed by binding
Eleventh Circuit precedent. Accordingly, we affirm.5
AFFIRMED.
5 Jones’s Amended Motion to Supplement the Record is denied.