Roy Lee Jones, Jr. v. United States

Whether U.S.S.G. § 4C1.1(a)(10) (Nov. 2023), which provides that a defendant is eligible for a two-level reduction if “the defendant did not receive an adjustment under § 3B1.1 (Aggravating Role) and was not engaged in a continuing criminal enterprise,” creates two independent disqualifying conditions (either of which bars relief) or requires both conditions to be present for disqualification?

Whether a district court violates Dillon v. United States, 560 U.S. 817 (2010), and U.S.S.G. § 1B1.10(b)(1) when it makes new factual determinations about a defendant’s conduct that were never adjudicated at the original sentencing in order to deny eligibility for a sentence reduction under 18 U.S.C. § 3582(c)(2), raising fundamental questions about the proper scope of judicial fact-finding in sentence modification proceedings.