United States v. Jeffery

631 F.3d 669, 2011 U.S. App. LEXIS 2408, 2011 WL 420706
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 9, 2011
Docket09-5229
StatusPublished
Cited by194 cases

This text of 631 F.3d 669 (United States v. Jeffery) 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. Jeffery, 631 F.3d 669, 2011 U.S. App. LEXIS 2408, 2011 WL 420706 (4th Cir. 2011).

Opinion

Affirmed by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge WILKINSON and Senior Judge BALDOCK joined.

OPINION

TRAXLER, Chief Judge:

Robert Jeffery was convicted by a jury of theft of government property, see 18 U.S.C.A. § 641 (West Supp.2010), and conspiracy to steal government property, see 18 U.S.C.A. § 371 (West 2000), in connec *671 tion with a scheme to steal fuel from a bulk “fuel farm” run by the United States Army in Iraq. Jeffery appeals, challenging his conviction and sentence. Finding no error, we affirm.

I.

As part of its military efforts in Iraq, the United States Army operated Victory Bulk Fuel Point (“VBFP”) within Camp Liberty, a military installation near the Baghdad International Airport. The VBFP supplied bulk diesel and jet fuel to the military and to certain government contractors in the Baghdad area. Contractors who were permitted to withdraw fuel were required to present a “Common Access Card” to gain access to Camp Liberty; to enter the VBFP, the contractor was required to present a “Memorandum for Record” (“MFR”), which was issued to the contractor by the United States government.

The evidence presented at trial established that in January 2008, Defendant Jeffery, who was retired from the Navy and then living in the Philippines, was recruited by his friend Robert Young to work in Iraq with Young and Lee DuBois, a retired Army captain. The group used forged documents to obtain common access cards to get access to Camp Liberty and used forged MFRs, supposedly issued on behalf of Future Services, a Kuwaiti company serving as a contractor to the United States government, to steal large quantities of fuel from the VBFP to sell on the Iraqi black market. The scheme was a profitable one, bringing in approximately $80,000 a day. Jeffery served as the lead escort for trucks making daily runs to draw fuel from the VBFP. Jeffery was paid $15,000 per month (later increased to $25,000 per month) for his services as an escort. The scheme ended in late May 2008, when Jeffery and his compatriots learned that their drivers and trucks had been covertly photographed and after they found tracking devices on some of the trucks.

The evidence presented at trial suggested that Jeffery initially believed that the group was working under a legitimate contract. After only a few weeks on the job, however, Jeffery was at least suspicious about the legality of the work. Jeffery left Iraq in early February 2008, during a period when the group was not making any fuel runs. Before he left, Jeffery told DuBois that he wanted no part of the contract if it was a “pirate contract.” J.A. 268.

After Jeffery left Iraq, Young sent him an email trying to explain the nature of the work. As to Jeffery’s question to DuBois about the validity of the contract under which they were withdrawing the fuel, Young stated:

The contracts are valid, we are utilizing a condition of the contract — ie: the uploading of fuel, [without] the Company ... being aware of it. A contracting officer is on the payroll and we are using the proceeds for our own advantage.... Now that you are aware of the inherent risk involved, you[’re] welcome to return.
.... We are planning on running this [until] 1 July and see how it looks at that time. I don’t see a problem and this could go on for 1-2 years or more. I would appreciate it if you would not discuss the quasi legality of what we are doing to anyone.... The less known by others not involved — the better. If you want to come back [until] the end of June, great, then I want you next week.

J.A. 544 (emphasis added).

After receiving the email from Young, Jeffery returned to Iraq and continued working for the next few months. As the *672 operation was winding down in May of 2008, Jeffery sent and received emails that strongly suggest his full awareness of the criminal nature of the enterprise. For example, on May 15, 2008, Young (who was then on vacation in the Philippines) sent an email to Jeffery and others stating that “Our golden goose is about to be run over by a tr[uc]k. Then we all go home ... hopefully, unless we get a vacation courtesy of [U]ncle [S]am looking out [through] the metal windows.” J.A. 581. Jeffery responded to that email by saying that he did not “have a sense that things are too far out of control,” but that if he believed “things are getting dangerous, you will be the first to know and I will be on a plane out of here to join you.” J.A. 580. On May 18, Jeffery sent an email saying that he kept “a healthy sense of paranoia on tap as well as an evacuation plan.” J.A. 643. Despite his misgivings, Jeffery continued to make fuel runs after sending these emails.

On May 23, Jeffery sent an email saying that he suspected “the Army is building a case” and that “[i]t is my sense it’s time to shut this down and see how the dust settles. I do not have a sense of immediate panic, but think it prudent for me to bail out. I will make plans for Monday afternoon departure.” J.A. 674. In another email sent to Young the next day, Jeffery stated, “I feel the Army is connecting the dots and I do not feel like being interrogated. My gut tells me to go now. I am making arrangements for earliest departure.” J.A. 684. Soon thereafter, Jeffery told Young, “The goose is dead; I am gone.” J.A. 682. Jeffery left Iraq on May 26, 2008, and returned to the Philippines, where he was arrested several months later.

Jeffery and Young were indicted for conspiracy and theft of government property. DuBois, who was the first of the group to be arrested, pleaded guilty to an information and agreed to testify against the others. Young pleaded guilty about three weeks before trial was scheduled to begin, and Jeffery proceeded to trial alone. DuBois testified against Jeffery, and the jury convicted him on both counts. The district court imposed a below-Guidelines sentence of 48 months. This appeal followed.

II.

Jeffery first challenges the voir dire of the jury venire, arguing that the district court erred by refusing to use his proposed questions about reasonable doubt and the burden of proof. We disagree.

Jeffery submitted questions that he proposed be used during voir dire, including several questions that addressed the jurors’ willingness to apply the reasonable-doubt standard and to hold the government to its burden of proof. 1 The district court, however, did not use Jeffery’s proposed questions. The court’s voir dire consisted of fairly standard questions, such as whether the potential jurors knew about the facts of the case, or whether they or their family worked in law enforcement. The court did not ask any questions that explicitly mentioned the reasonable-doubt *673 standard or the government’s burden of proof, and the court asked only one question that touched on the obligations of the jurors when deciding the case. 2

Jeffery urges us to hold that district courts should always

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Bluebook (online)
631 F.3d 669, 2011 U.S. App. LEXIS 2408, 2011 WL 420706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jeffery-ca4-2011.