United States v. Jazzy Devante Johnson

664 F. App'x 785
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 21, 2016
Docket16-10442
StatusUnpublished

This text of 664 F. App'x 785 (United States v. Jazzy Devante Johnson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jazzy Devante Johnson, 664 F. App'x 785 (11th Cir. 2016).

Opinion

PER CURIAM:

Jazzy Johnson appeals his convictions for possession with intent to distribute cocaine and flakka, 21 U.S.C. § 841(a)(1) (Count 1); possession of a firearm and ammunition by a convicted felon, 18 U.S.C. § 922(g)(1) (Count 2); and possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c)(l)(A)(i) (Count 3). Johnson argues that the evidence was insufficient to convict him on Count 1 because the district court erred in admitting into evidence two pieces of evidence that contributed to his conviction: extrinsic evidence concerning a prior arrest for possession of crack cocaine with the intent to distribute, and the expert opinion of a law enforcement officer concerning Johnson’s intention to distribute the drugs in his possession. Johnson argues that the evidence was insufficient to convict him on Count 2 because the firearm’s out-of-state origins do not constitute an interstate nexus sufficient to support federal jurisdiction. He challenges the evidence to convict on Count 3 on the ground that the conviction on Count 1, the drug trafficking crime involved, cannot stand.

Johnson acknowledges that our precedent—though in his view misguided—forecloses his Count 2 argument. Appellant's Br. at 25. We therefore do not consider it.

Because Johnson moved for a judgment of acquittal on all counts pursuant to Fed. R. Crim. P. 29 at the close of the government’s case-in-chief and at the close of all evidence, these claims are preserved. As such, we review de novo whether the evidence was sufficient to sustain Johnson’s convictions, viewing the evidence in the light most favorable to the government, and drawing all reasonable factual inferences in favor of the jury’s verdict. United States v. Jiminez, 564 F.3d 1280, 1284 (11th Cir. 2009). Accordingly, evidence is sufficient to support a conviction if “a reasonable trier of fact could find that the evidence established guilt beyond a reasonable doubt.”.Id. at 1284-85. Whether the evidence is direct or circumstantial, we will accept all reasonable inferences that tend to support the government’s case. United States v. Williams, 390 F.3d 1319, 1324 (11th Cir. 2004). A conviction must be upheld unless the jury could not have found the defendant guilty under any reasonable construction of the evidence. United States v. Frank, 599 F.3d 1221, 1233 (11th Cir. 2010).

Credibility questions are for the jury, and we will assume that the jury answered them all in a manner that supports the *787 jury’s verdicts. Jiminez, 564 F.3d at 1285; United States v. Thompson, 473 F.3d 1137, 1142 (11th Cir. 2006). Testimony will not be considered incredible as a matter of law unless it is testimony that on its face cannot be believed, such as testimony as to facts that the witness could not have observed or events that could not have occurred under the laws of nature. United States v. Rivera, 775 F.2d 1559, 1561 (11th Cir. 1985). A jury is free to choose among alternative, reasonable interpretations of the evidence, Frank, 599 F.3d at 1233, so the government’s proof need not exclude every reasonable hypothesis of innocence. Jiminez, 564 F.3d at 1285; United States v. Cruz-Valdez, 773 F.2d 1541, 1544-45 (1985) (en banc).

Regarding Johnson’s argument that the district court erred in admitting extrinsic evidence of his prior arrest, evidence of other crimes may be admissible for purposes such as proof of “motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” Fed. R. Evid. 404(b). We have held that in order for evidence of other crimes to be admissible under Federal Rule of Evidence 404(b), (1) it must be relevant to an issue other than the defendant’s character; (2) there must be sufficient proof to enable a jury to find by a preponderance of the evidence that the. defendant committed the act in question; and (3) the probative value of the evidence cannot be substantially outweighed by undue prejudice, and the evidence must satisfy Rule 403. United States v. Edouard, 485 F.3d 1324, 1344 (11th Cir. 2007).

Regarding Johnson’s argument that the district court erred in admitting the expert testimony of a law enforcement officer, we review the district court’s decision to admit expert testimony for an abuse of discretion. United States v. Frazier, 387 F.3d 1244, 1258 (11th Cir. 2004) (en banc). We also review a district court’s rejection of a Rule 403 challenge for an abuse of discretion. United States v. Jernigan, 341 F.3d 1273, 1284 (11th Cir. 2003). Under this standard of review, we will affirm unless the district court made a clear error of judgment or applied the wrong legal standard. Frazier, 387 F.3d at 1259.

Federal Rule of Evidence 702 permits expert testimony if “specialized knowledge” will help the jury “to understand the evidence or to determine a fact in issue.” Fed. R. Evid. 702. A witness may be “qualified as an expert by knowledge, skill, experience, training, or education.” Id. The Federal Rules compel the district court to perform a critical “gatekeeping” function with respect to the admission of expert scientific or technical evidence by conducting an “exacting analysis” of the foundation of the opinions to ensure they meet the admissibility requirements. Frazier, 387 F.3d at 1259 (quotations omitted).

Before admitting expert testimony, the district court must consider whether:

the expert is qualified to testify competently regarding the matters he intends to address; (2) the methodology by which the expert reaches his conclusions is sufficiently reliable as determined by the sort of inquiry mandated in Daubert;

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Related

United States v. Frank
599 F.3d 1221 (Eleventh Circuit, 2010)
United States v. Jernigan
341 F.3d 1273 (Eleventh Circuit, 2003)
United States v. Richard Junior Frazier
387 F.3d 1244 (Eleventh Circuit, 2004)
United States v. Brenda J. Williams
390 F.3d 1319 (Eleventh Circuit, 2004)
United States v. Corry Thompson
473 F.3d 1137 (Eleventh Circuit, 2006)
United States v. Serge Edouard
485 F.3d 1324 (Eleventh Circuit, 2007)
United States v. Woodard
531 F.3d 1352 (Eleventh Circuit, 2008)
United States v. Jiminez
564 F.3d 1280 (Eleventh Circuit, 2009)
Kumho Tire Co. v. Carmichael
526 U.S. 137 (Supreme Court, 1999)
United States v. Gilbert Rivera and Albert Saul Platt
775 F.2d 1559 (Eleventh Circuit, 1985)

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Bluebook (online)
664 F. App'x 785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jazzy-devante-johnson-ca11-2016.