United States v. Carl Eugene Jones

Carl Eugene Jones (“Jones”) appeals pro se the district court’s denial of his Fed.R. Crim.P. 35(a) motion to correct his sentence. He also appeals pro se the district court’s granting of the United States’ motion to forfeit certain of Jones’ personal property seized when Jones was arrested for narcotics violations. We affirm, in part, and reverse, in part.

BACKGROUND

On November 13, 1985, after a jury trial, Jones was convicted of conspiracy and attempt to manufacture methamphetamine, 21 U.S.C. § 846 , unlawful use of a telephone to further a conspiracy, 21 U.S.C. § 843 , and being a felon in possession of firearms, 18 U.S.C. § 1202 . On January 10, 1986, the district court sentenced Jones to six years imprisonment for the conspiracy conviction. For the other convictions, Jones received concurrent five year periods of probation, to begin upon his release from custody. This court affirmed the convictions on December 3, 1986.

On October 30,1986, Jones filed a motion for reduction of sentence pursuant to Fed. R.Crim.P. 35, claiming that the maximum penalty authorized for conspiracy to manufacture methamphetamine was five years. The district court denied this motion, interpreting…