United States v. Jerry Jackson

544 F. App'x 380
CourtCourt of Appeals for the Fifth Circuit
DecidedMay 14, 2013
Docket12-40508
StatusUnpublished

This text of 544 F. App'x 380 (United States v. Jerry Jackson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. Jerry Jackson, 544 F. App'x 380 (5th Cir. 2013).

Opinion

PER CURIAM: *

Jerry Lester Jackson, proceeding pro se, appeals his conviction for conspiracy to possess with intent to distribute five kilograms or more of cocaine, arguing that the evidence was insufficient to support his conviction. A review of the evidence in the light most favorable to the verdict indicates that a rational trier of fact could have found beyond a reasonable doubt that Jackson was guilty as charged. See United States v. Thomas, 690 F.3d 358, 366 (5th Cir.2012); United States v. Jara-Favela, 686 F.3d 289, 301 (5th Cir.2012). The evidence overwhelmingly established that Jackson, Lonnie Johnson, and numerous other coconspirators pooled their money to purchase kilograms of powder cocaine at a lower price from sources in Dallas and Fort Worth, Texas, including Benito Figueroa and Salvador Alvarez. Alvarez delivered the cocaine to Johnson and others at three stash houses. After Johnson, Jackson, and others obtained the powder cocaine, they used the houses on Jo Lyn Street to store it, convert it into crack cocaine, and sell it to their own individual customers. Although the evidence did not establish that Jackson personally knew the conspirators named in the indictment, the evidence established that he was aware that there were other participants in a large scale conspiracy in which numerous persons agreed to possess large quantities of cocaine with the intent *382 to distribute it as charged in the indictment. The Government was not required to prove that Jackson knew all the details of the objectives of the conspiracy or the identity of all coconspirators, as long as he knowingly participated in some fashion in the larger objectives of the conspiracy. See United States v. Brown, 553 F.3d 768, 781 (5th Cir.2008); United States v. Rodriguez, 553 F.3d 380, 391 n. 4 (5th Cir.2008).

Next, Jackson argues that there was a material variance between the allegations of a single conspiracy in the indictment and the trial evidence which allegedly proved multiple conspiracies. He has not shown that there was a material variance between the indictment and the trial evidence as the evidence established Jackson’s involvement in a single conspiracy with the common goal of possession with intent to distribute cocaine. See United States v. Morris, 46 F.3d 410, 414-15 (5th Cir.1995). The evidence established that there was a common scheme and continuous operation that required the actions of the suppliers as well as the purchasers, who then converted the powder cocaine to crack cocaine and distributed it to their customers. See id. Further, there were core participants, including Figueroa, Alvarez, and Johnson, who supplied cocaine to Jackson and others. See id. at 416. Moreover, because Jackson was tried alone, there was no danger of transference of guilt from one codefendant to another, and he cannot show any error under the rules of joinder and severance. See United States v. Mitchell, 484 F.3d 762, 770-71 (5th Cir.2007). Additionally, because the Government provided Jackson’s counsel with the witnesses’ debriefing statements, Jackson has not shown that any variance affected his substantial rights because he was not surprised by the witnesses’ testimony concerning persons and dates not alleged in the indictment. See United States v. Valencia, 600 F.3d 389, 432 (5th Cir.2010).

The remaining claims raised by Jackson are raised for the first time on appeal and therefore are reviewed for plain error. See Puckett v. United States, 556 U.S. 129, 135, 129 S.Ct. 1423, 173 L.Ed.2d 266 (2009). To show plain error, Jackson must demonstrate that the district court committed an error that was clear or obvious, and that affected his substantial rights. Id. If he makes such a showing, this court has the discretion to correct the error but only if it seriously affects the fairness, integrity or public reputation of judicial proceedings. Id.

According to Jackson, the district court erred in admitting hearsay statements in the plea agreements. Because the plea agreements were not introduced to prove the truth of the matter asserted, they were not hearsay. See United States v. Gonzalez, 967 F.2d 1032, 1035 (5th Cir.1992). The district court also instructed the jury that the accomplices’ guilty pleas were not evidence of the guilt of any other person. Regardless, Jackson has not shown reversible plain error as he has not shown that the error affected his substantial rights in light of the overwhelming evidence of his guilt. See Puckett, 556 U.S. at 135, 129 S.Ct. 1423.

Next, Jackson argues that the district court erred in not giving a jury instruction on the proper use of his cocon-spirators’ plea agreements at the time they were admitted into evidence. The district court’s failure to sua sponte give a limiting instruction when the plea agreements were admitted into evidence did not constitute plain error. See United States v. Lucas, 516 F.3d 316, 324 (5th Cir.2008). The district court’s actual instruction fairly and adequately covered the issue presented. See United States v. Simkanin, 420 F.3d 397, 410 (5th Cir.2005). Jackson’s reliance *383 on United States v. Harrell, 436 F.2d 606, 614 (5th Cir.1970), is misplaced as it is easily distinguished. Unlike in Harrell, the plea agreements were introduced to blunt their impact on the credibility of the witnesses, and the district court gave an instruction limiting the jury’s consideration of the witnesses’ guilty pleas.

In his next argument, Jackson contends that the admission of Agent Martinez’s testimony concerning Lonnie Johnson’s post-arrest statement violated the Confrontation Clause. Even if the admission of Agent Martinez’s testimony violated the Confrontation Clause, Jackson has not shown reversible plain error. In light of the overwhelming evidence of his guilt, he has not shown a reasonable probability that but for the Confrontation Clause violation, the result of the proceeding would have been different. See United States v. Martinez-Rios, 595 F.3d 581, 587 (5th Cir.2010).

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Related

United States v. Morris
46 F.3d 410 (Fifth Circuit, 1995)
United States v. Cantwell
470 F.3d 1087 (Fifth Circuit, 2006)
United States v. Lucas
516 F.3d 316 (Fifth Circuit, 2008)
United States v. Mendoza
522 F.3d 482 (Fifth Circuit, 2008)
United States v. Gracia
522 F.3d 597 (Fifth Circuit, 2008)
United States v. Brown
553 F.3d 768 (Fifth Circuit, 2008)
United States v. Rodriguez
553 F.3d 380 (Fifth Circuit, 2008)
United States v. Martinez-Rios
595 F.3d 581 (Fifth Circuit, 2010)
United States v. Valencia
600 F.3d 389 (Fifth Circuit, 2010)
Puckett v. United States
556 U.S. 129 (Supreme Court, 2009)
United States v. Rufus Eafie Harrell
436 F.2d 606 (Fifth Circuit, 1970)
United States v. Douglas D. Green, A/K/A Doug Green
964 F.2d 365 (Fifth Circuit, 1992)
United States v. Roberto Gonzalez
967 F.2d 1032 (Fifth Circuit, 1992)
United States v. Richard Michael Simkanin
420 F.3d 397 (Fifth Circuit, 2005)
United States v. Juan Jara-Favela
686 F.3d 289 (Fifth Circuit, 2012)
United States v. Chedowry Thomas
690 F.3d 358 (Fifth Circuit, 2012)
United States v. Girod
646 F.3d 304 (Fifth Circuit, 2011)

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Bluebook (online)
544 F. App'x 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jerry-jackson-ca5-2013.