United States v. Jermaine Mitchell

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 13 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-10196

Plaintiff-Appellee, D.C. No. 3:04-cr-00010-HDM-VPC-1 v.

JERMAINE ALONZO MITCHELL, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada Howard D. McKibben, District Judge, Presiding

Argued and Submitted October 22, 2021 San Francisco, California

Before: MURGUIA, Chief Judge, and BERZON and BEA, Circuit Judges.

Jermaine Mitchell appeals the district court’s order granting him a reduced

sentence pursuant to the First Step Act of 2018 (“F.S.A.”). We review the district

court’s sentencing decision for abuse of discretion, see United States v. Carty, 520

F.3d 984, 993 (9th Cir. 2008) (en banc), and we affirm.

Mitchell was convicted in 2007 of possession with intent to distribute

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. cocaine base in excess of 50 grams, in…