United States v. Andre Dion Jones, Jr., 87 F.3d 247 (8th Cir. 1996). · Go Syfert
United States v. Andre Dion Jones, Jr., 87 F.3d 247 (8th Cir. 1996). Cases Citing This Book View Copy Cite
23 citation events (9 in the last 25 years) across 3 distinct courts.
Strongest positive: United States v. Cochrane (ca8, 2010-06-28)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Cochrane
8th Cir. · 2010 · confidence medium
U.S. v. Jones, 87 F.3d 247, 248 (8th Cir.1996).
cited Cited as authority (rule) United States v. Shane L. Borer
8th Cir. · 2005 · confidence medium
United States v. Jones, 87 F.3d 247, 248 (8th Cir. 1996).
cited Cited as authority (rule) United States v. Shane L. Borer
8th Cir. · 2005 · confidence medium
United States v. Jones, 87 F.3d 247, 248 (8th Cir.1996).
cited Cited as authority (rule) United States v. Shane L. Borer
8th Cir. · 2005 · confidence medium
United States v. Jones, 87 F.3d 247, 248 (8th Cir.1996).
cited Cited as authority (rule) United States v. Shane L. Borer
8th Cir. · 2005 · confidence medium
United States v. Jones, 87 F.3d 247, 248 (8th Cir. 1996).
cited Cited as authority (rule) United States v. Eusebio Lopez-Arce, Also Known as Eduardo De Jesus Orzuna, Also Known as Eusebio Lopez-Perez
8th Cir. · 2001 · confidence medium
United States v. Jones, 87 F.3d 247, 248 (8th Cir.1996).
cited Cited as authority (rule) United States v. Eusebio Lopez-Arce
8th Cir. · 2001 · confidence medium
United States v. Jones, 87 F.3d 247, 248 (9th Cir. 1996), cert. denied, 519 U.S. 956 (1996).
discussed Cited as authority (rule) United States v. Dondi Holland
8th Cir. · 1999 · confidence medium
"We review de novo the district court's construction and interpretation of Chapter Four of the Guidelines, and we review for clear error the district court's application of Chapter Four to the facts." United States v. Jones, 87 F.3d 247, 248 (8th Cir.), cert. denied,. denied, 519 U.S. 956 , 117 S. Ct. 374 (1996).
discussed Cited as authority (rule) United States v. Dondi Holland,appellant
8th Cir. · 1999 · confidence medium
“We review de novo the district court’s construction and interpretation of Chapter Four of the Guidelines, and we review for clear error the district court’s application of Chapter Four to the facts.” United States v. Jones, 87 F.3d 247, 248 (8th Cir.), cert. denied, denied, 519 U.S. 956 , 117 S.Ct. 374 , 136 L.Ed.2d 263 (1996).
discussed Cited as authority (rule) State v. Jones
Minn. Ct. App. · 1999 · signal: cf. · confidence medium
See State v. Garcia, 302 N.W.2d 643, 646-47 (Minn.1981) (applying de novo review to district court’s interpretation of sentencing guidelines); cf. United States v. Jones, 87 F.3d 247, 248 (8th Cir.1996) (de novo review of district court’s construction and interpretation of federal sentencing guidelines).
discussed Cited as authority (rule) United States v. Leon Delmar Milton, Etc., Lydia Gajewski, Etc., Jeffrey Sean Mitchell, Etc., and Ernest Thornton, Etc.
8th Cir. · 1998 · confidence medium
The district court properly considered these two offenses as separate under U.S. v. Jones, 87 F.3d 247, 248 (8th Cir.1996)(rejecting a similar argument), cert. denied, - U.S. -, 117 S.Ct. 374 , 136 L.Ed.2d 263 (1996). 5 .
discussed Cited as authority (rule) United States v. Leon D. Milton
8th Cir. · 1998 · confidence medium
The district court properly considered these two offenses as separate under U.S. v. Jones, 87 F.3d 247, 248 (8th Cir.)(rejecting a similar argument), cert. denied, 117 S. Ct. 374 (1996). 10 (ii) Mitchell Jeffrey Mitchell challenges several aspects of his sentence but because we vacate his sentence as erroneously based on an improper amount of drugs we reach only that issue.
discussed Cited as authority (rule) United States v. Marc A. Snoddy
8th Cir. · 1998 · confidence medium
See, e.g., Wells, 127 F.3d at 744 (when this court reviewed the government’s challenge to a sentence imposed under the guidelines, this court stated that review of the district court’s application and construction of the guidelines is de novo, but the court found that each of the government’s challenges concerned a factual finding, so that each was reviewed for clear error); United States v. Drapeau, 121 F.3d 344, 347 (8th Cir.1997) (“ ‘The district court’s interpretation of the sentencing guidelines is a question of law subject to de novo review, while its factual determinations a…
discussed Cited as authority (rule) United States v. Marc A. Snoddy
8th Cir. · 1998 · confidence medium
See, e.g., Wells, 127 F.3d at 744 (when this court reviewed the government’s challenge to a sentence imposed under the guidelines, this court stated that review of the district court’s application and construction of the guidelines is de novo, but the court found that each of the government’s challenges concerned a factual finding, so that each was reviewed for clear error); United States v. Drapeau, 121 F.3d 344, 347 (8th Cir. 1997) (“‘The district court’s interpretation of the sentencing guidelines is a question of law subject to de novo review, while its factual determinations a…
discussed Cited as authority (rule) United States v. Leo G. Willis
8th Cir. · 1998 · confidence medium
Reviewing the district court&s construction and interpretation of Chapter Four of the U. S. Sentencing Guidelines de novo, see United States v. Jones, 87 F.3d 247, 248 (8th Cir.) (per curiam), cert. denied, 117 S. Ct. 374 (1996), we agree that the convictions represented in paragraphs 53 and 55 of Willis&s presentence report were separate, as the offenses occurred a year apart, were separated by an intervening arrest, and were prosecuted under separate docket numbers.
discussed Cited as authority (rule) United States v. Leo G. Willis
8th Cir. · 1998 · confidence medium
We affirm. 3 Reviewing the district court's construction and interpretation of Chapter Four of the U.S. Sentencing Guidelines de novo, see United States v. Jones, 87 F.3d 247, 248 (8th Cir.) (per curiam), cert. denied, 117 S.Ct. 374 (1996), we agree that the convictions represented in paragraphs 53 and 55 of Willis's presentence report were separate, as the offenses occurred a year apart, were separated by an intervening arrest, and were prosecuted under separate docket numbers.
discussed Cited as authority (rule) United States v. Richard H. Strange, United States of America v. Charles A. Zamorano
8th Cir. · 1996 · confidence medium
“We review de novo the district court’s construction and interpretation of Chapter Four of the Guidelines, and we review for clear error the district court’s -application of Chapter Four to the facts.” United States v. Jones, 87 F.3d 247, 248 (8th Cir.)(per curiam), ce rt. denied, — U.S. -, 117 S.Ct. 374 , 136 L.Ed.2d 263 (1996).
discussed Cited as authority (rule) United States v. Richard H. Strange
8th Cir. · 1996 · confidence medium
"We review de novo the district court's construction and interpretation of Chapter Four of the Guidelines, and we review for clear error the district court's application of Chapter Four to the facts." United States v. Jones, 87 F.3d 247, 248 (8th Cir.)(per curiam), cert. denied, 65 U.S.L.W. 3309 (U.S. Oct. 21, 1996)(No. 96-6074).
discussed Cited "see" United States v. Tisdale
10th Cir. · 2001 · signal: see · confidence high
See United States v. Jones, 87 F.3d 247, 248 (8th Cir.1996)(“agree[ing] with the district court that Jones’s two unrelated convictions did not become related by virtue of the probation revocation and concurrent sentencing, and thus we conclude the district court properly assessed three points for each conviction.”); see also United States v. Harris, 191 F.3d 457 , 1999 WL 638514 , * 1 (7th Cir. Aug.19, 1999)(noting that “it matters not that his post-revocation sentence ran concurrent to the sentence for his second conviction — the two sentences are regarded as separate, even though t…
cited Cited "see" United States v. Floyd Neal
8th Cir. · 1999 · signal: see · confidence high
See United States v. Jones, 87 F.3d 247, 248 (8th Cir.) (per curiam), cert. denied, 519 U.S. 956 (1996).
discussed Cited "see, e.g." United States v. Jamie Clayton
8th Cir. · 2018 · signal: see also · confidence medium
See id.; see also United States v. Jones, 87 F.3d 247, 248 (8th Cir. 1996) (per curiam) (“[T]wo unrelated convictions [do] not become related by virtue of . . . probation revocation and concurrent sentencing.”).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Andre Dion JONES, Jr., Appellant
95-4035.
Court of Appeals for the Eighth Circuit.
Jun 26, 1996.
87 F.3d 247
Andrea K. George, Minneapolis, MN, for appellant., Margaret H. Chutich, Minneapolis, MN, for appellee.
McMillian, Wollman, Murphy.
Cited by 21 opinions  |  Published
PER CURIAM.

Andre Dion Jones, Jr., challenges the 151-month sentence imposed by the district court [1] after he pleaded guilty to one count of bank robbery, in violation of 18 U.S.C. § 2113(a). Jones contends the district court incorrectly calculated his criminal history and erroneously classified him as a career offender. We affirm.

Jones first argues the district court erred in assessing three criminal history points for each of two state felony convictions. Jones was arrested after committing the first offense, but before committing the second offense. Although Jones received two separate sentences of imprisonment — each greater than one year — execution of both sentences was suspended in favor of probation. Jones’s probation on both sentences was later revoked, and he was ordered to serve the original terms of imprisonment concurrently.

Jones argues the offenses were “related” under U.S.S.G. § 4A1.2(a)(2) and comment. (n.3), because the original terms of imprisonment were executed into a single term of imprisonment following his probation revocation. Thus, Jones argues, he should have been assessed three points for only one of the state convictions and only one point for the “related” conviction, pursuant to U.S.S.G. § 4Al.l(f).

We review de novo the district court’s construction and interpretation of Chapter Four of the Guidelines, and we review for clear error the district court’s application of Chapter Four to the facts. See United States v. Allen, 64 F.3d 411, 413 (8th Cir.1995) (per curiam). We agree with the district court that Jones’s two unrelated convictions did not become related by virtue of the probation revocation and concurrent sentencing, and thus we conclude the district court properly assessed three points for each conviction. See U.S.S.G. §§ 4Al.l(a) (requiring court to assess three criminal history points for each “prior sentence of imprisonment” exceeding one year and one month), 4A1.2(a)(l), (b)(1) (defining “prior sentence” and “sentence of imprisonment”), 4A1.2(a)(2) & comment, (n.3) (prior sentences not related if for offenses separated by an intervening arrest); United States v. Aguilera, 48 F.3d 327, 330 (8th Cir.) (only where defendant arrested once for multiple offenses must court ask whether sentences are related), cert. denied, —- U.S.-, 116 S.Ct. 117, 133 L.Ed.2d 67 (1995).

Because Jones had two prior qualifying felony convictions, see U.S.S.G. § 4B1.1, the district court properly classified Jones as a career offender, see U.S.S.G. § 4B1.2(3)(B) (defining “two prior felony convictions”) & comment, (n.4) (provisions of § 4A1.2 are applicable to counting of convictions under § 4B1.1).

[*249] Accordingly, the judgment of the district court is affirmed.

1

. The Honorable David S. Doty, United States District Judge for the District of Minnesota.