United States v. Jeffers

570 F.3d 557, 2009 U.S. App. LEXIS 13034, 2009 WL 1678046
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 17, 2009
Docket06-5289
StatusPublished
Cited by125 cases

This text of 570 F.3d 557 (United States v. Jeffers) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Jeffers, 570 F.3d 557, 2009 U.S. App. LEXIS 13034, 2009 WL 1678046 (4th Cir. 2009).

Opinions

OPINION

KING, Circuit Judge:

Defendant Marc Anthony Jeffers was convicted in the Western District of Virginia of conspiring to distribute 50 grams or more of a mixture or substance containing cocaine base, in contravention of 21 U.S.C. § 846 (the “conspiracy offense”), and of using or carrying a firearm during and in relation to a drug trafficking crime, and of possessing a firearm in furtherance of that crime, in violation of 18 U.S.C. § 924(c)(1)(A) (the “firearm offense”). Jeffers appeals his convictions and sentence, and we have grouped his multiple appellate contentions (several of which were not preserved) as follows: (1) the district court deprived him of due process by conducting proceedings off the record; (2) the evidence fails to support his conviction on the firearm offense; (3) the jury instructions were erroneous in various respects; (4) the court committed two sentencing errors; and (5) the prosecution failed to comply with its discovery obligations. As explained below, we reject each of his contentions and affirm.

I.

A.

Jeffers’s convictions arise from his participation in an illegal drug enterprise, which operated out of an old motel in Luray, Virginia, that had been converted into apartments (“Shriver’s Motel”). After receiving information that cocaine base (“crack cocaine” or “crack”) and cocaine were being sold at Shriver’s Motel, the Luray Police and the Page County Sheriff investigated, conducting surveillance activities and making more than thirty controlled drug buys in the month of January 2002. The investigation revealed that large quantities of crack were being sold and distributed there. On February 2, 2002, the authorities executed search warrants at Shriver’s Motel and arrested four suspects in the illicit enterprise: Brian Carter, James Jackson, Shannon Johnson, and William “Bobby” Pettis. Jeffers was indicted over two years later, on June 16, 2004, and he was arrested on November 29, 2004.

[563]*563B.

On September 22, 2006, following a three-day jury trial, Jeffers was convicted on two of the five counts levied against him in a sixteen-count indictment (the “Indictment”).1 Only the two counts of conviction—Counts One and Fourteen—were submitted for jury determination. Count One alleged the conspiracy offense, that in or around August 1999 and thereafter, Jeffers had conspired with others to distribute 50 grams or more of a substance containing cocaine base. Count Fourteen charged Jeffers with the firearm offense, that he had used or carried a firearm during and in relation to the drug trafficking crime charged in Count One, and had possessed a firearm in furtherance of that crime.

In its case-in-chief and on rebuttal, the prosecution presented approximately sixteen witnesses. These witnesses included two local officers involved in the surveillance of Shriver’s Motel (Dwight Farmer and John Kibler); three federal officers involved in Jeffers’s arrest (Jeremy Hanaker, Brian Sheppard, and William Met-calf); two confidential informants (Jason Giles and Nathan Strickler); and seven cooperating coconspirators (Carter, Jackson, Johnson, Joby Chu, John Lewis, Lenotto Mewborn, and Adrian Wigington). In his defense, Jeffers called eight witnesses, who generally testified about his participation in work and social events in Washington, D.C.—about ninety miles from Luray—between August 1999 and February 2002, the timeframe of the conspiracy. Following the jury’s guilty verdiet, on September 29, 2006, Jeffers filed a motion for a new trial, as well as a motion for judgment of acquittal on the firearm offense.

Jeffers’s sentencing hearing was conducted in the district court on December 4, 2006, and William Good, the probation officer who had prepared Jeffers’s presentence investigation report (the “PSR”), testified. Relying on the trial evidence, Good provided the court with testimony that Jeffers was responsible for more than 1.5 kilograms of crack, and emphasized that his estimate was a “very conservative amount.” J.A. 891.2 In imposing Jeffers’s sentence, the court stated that it was predicating its drug quantity finding on Good’s testimony and, “more importantly, based on the Court’s recollection from the evidence that was adduced at trial.” Id. at 909. The court found that “the evidence clearly supports by a preponderance of the evidence [Jeffers’s] responsibility for at least one-and-a-half kilograms of crack cocaine.” Id. At the conclusion of the hearing, the court sentenced Jeffers to 324 months on the conspiracy offense and 60 months on the firearm offense, to run consecutively.3 The court also imposed a $25,000 fine and a $200 special assessment. On December 8, 2006, the court denied Jeffers’s motions for a new trial and judgment of acquittal, and entered final judgment. On March 12, 2008, the court reduced Jeffers’s sentence on Count One from 324 months to 262 months, because of retroactive amendments to the Sentencing Guidelines for crack cocaine convictions.

[564]*564Jeffers filed a timely notice of appeal on December 20, 2006. We possess jurisdiction pursuant to 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291.

II.

Jeffers’s contentions on appeal are, for our analysis, grouped into five categories. First, Jeffers maintains that the district court deprived him of due process by conducting some of the trial proceedings off the record. Second, Jeffers contests the firearm offense conviction, asserting insufficiency of the evidence. Third, he challenges the jury instructions on multiple grounds. Fourth, Jeffers contends that the court committed two sentencing errors. Finally, he asserts that the prosecution engaged in misconduct related to its discovery obligations. We assess and dispose of these contentions in turn.

We first address Jeffers’s assertion that he “has been prejudiced and deprived of his constitutional rights to due process” because certain proceedings in the district court were not transcribed by a court reporter. Br. of Appellant 30. In particular, Jeffers contends that the conduct of the charge conference “off the record” denied him a verbatim account of his lawyers’ objections to the jury instructions.4 In support of this contention, Jeffers relies on the Court Reporter Act, which mandates that “all proceedings in criminal cases had in open court” be recorded. 28 U.S.C. § 753(b). He contends that “ ‘[responsibility to ensure compliance with § 753(b) lies with the court, not the reporter or the parties’ and failure to record proceedings constitutes judicial error.” Br. of Appellant 27 (quoting United States v. Simpson, 214 Fed.Appx. 311, 313 (4th Cir.2007)(unpublished)). We review de novo a constitutional challenge predicated on a district court’s alleged noncompliance with the Court Reporter Act. See United States v. Brown, 202 F.3d 691, 696 (4th Cir.2000).

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Cite This Page — Counsel Stack

Bluebook (online)
570 F.3d 557, 2009 U.S. App. LEXIS 13034, 2009 WL 1678046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jeffers-ca4-2009.