United States v. Jones

63 F. App'x 826
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 22, 2003
DocketNo. 01-5949
StatusPublished
Cited by4 cases

This text of 63 F. App'x 826 (United States v. Jones) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Jones, 63 F. App'x 826 (6th Cir. 2003).

Opinion

GIBBONS, Circuit Judge.

Defendant-appellant Arthur Quentice Jones was convicted of thirteen counts of distribution of crack cocaine and one count of possession of crack cocaine with intent to distribute. Jones appeals his conviction [828]*828on the grounds that the evidence presented at trial was insufficient to establish beyond a reasonable doubt that he distributed crack cocaine and that the district court thus erred in denying his motion for acquittal after the close of the government’s proof. Jones also argues that the district court abused its discretion by failing to grant his motion for a downward departure of his sentence. For the reasons set forth below, we affirm the conviction and the sentence imposed by the district court.

I.

On January 10, 2001, Jones was indicted on fourteen counts of distributing cocaine base and one count of possessing cocaine base with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The government moved to dismiss one distribution count of the indictment before trial, and the court granted that motion. The government called five witnesses at trial: Marion County detective Jackie Williams, Marion County chief detective Brent Myers, South Pittsburg police officer Wayne Jordan, confidential informant Anthony Hale, and DEA special agent Robert Chester.

The government first called Williams, who testified that on January 28, 2000, he and Myers observed Jones standing with another individual near Moore Park in South Pittsburg, Tennessee. Williams testified that he and Myers parked their car and walked toward Jones. Jones approached them, “asking what’s going on, you know, what are you messing with me for or whatever, and statements to that effect.” Williams stated that as Jones walked toward them, he “darted behind a large tree” for “a second or two” and then “came back out and kept on with this, what’s going on, what are you messing with me for and all of this.” Williams testified that he then “went to behind the tree where he was, where I saw him go” and found a white bottle containing twenty-three rocks of crack cocaine. At this point, Jones was placed under arrest and searched. Williams testified that as Jones was placed under arrest, he stated, “I’m not the only drug dealer in South Pitts-burg, why don’t you all mess with somebody else.” The officers also found $597 in cash on his person.

The government next called Myers, who testified that on January 23, 2000, he and Williams conironted Jones. Myers stated that from a distance of ten to fifteen feet he saw Jones make a motion with his hand behind a tree, but that the tree obscured his vision and prevented him from seeing whether anything was released from Jones’s hand. Myers then observed Williams retrieve a white bottle containing “23 rock-like substances believed to be crack rock” from behind the tree. Myers confirmed that $597 in cash was found on Jones. Myers testified that as Jones was placed under arrest, he said, “I’m not the only drug dealer in South Pittsburg, I don’t know why you all are messing with me.”

The government then called Jordan, who testified that he was responsible for making tape recordings of conversations between Hale and Jones. Jordan stated that the transcripts were a fair and accurate representation of what was heard on the recordings. Jordan testified that he equipped Hale with a body wire and provided Hale with money. Hale then purchased narcotics from Jones and gave the narcotics to Jordan. Jordan testified that he saw Jones “get into the vehicle” with Hale on two occasions.

The government next called Hale, who testified that his entire life he had known Jones. Hale testified that beginning in 1999, he bought crack cocaine for the drug task force. Hale stated that he met with [829]*829Jordan, who placed a wire on Hale, gave him money, and searched him and his vehicle before each buy. Hale explained that he was paid $50 for every buy. Hale also testified that he assisted in the preparation of the transcripts of the recordings, and that while some of the recordings were difficult to decipher, others were clear.

The government then asked Hale about each of the purchases he made from Jones. Before discussing each transaction with Hale, the government first played a recording of the transaction. Hale testified to purchasing crack cocaine from Jones on the following dates: December 19, 1999; December 29, 1999; December 31, 1999; January 17, 2000; January 23, 2000; January 29, 2000; January 31, 2000; February 4, 2000; February 6, 2000; February 10, 2000; February 29, 2000; May 5, 2000; and May 30, 2000.

On the recording of the January 31 transaction, Hale can be heard complaining about the quantity of crack cocaine, to which Jones responds, “That’s the best I can do.” Hale also can be heard telling Jones that he will deliver the cocaine and get Jones his money. Hale also asks Jones for “an eight-ball in solid,” which Hale explained was an eight-ball of crack cocaine, and Jones answers, “I can get you some, a solid fing ounce” at the cost of $1,200.

Chester was the final witness called by the government. He testified that the twenty-three crack rocks contained in the bottle recovered on January 23, 2000, was an amount consistent with “intent to distribute” rather than personal use. Chester also explained that his conclusion was based upon the fact that Jones had “identified himself as a, for one, as a drug dealer, two, the fact that this portion of cocaine and the sum of money that was found on him.”

After the conclusion of the government’s case, Jones moved for a judgment of acquittal pursuant to Rule 29 of the Federal Rules of Criminal Procedure. The court denied the motion. Jones called no witnesses. Both sides presented closing arguments, and the court instructed the jury, which returned a guilty verdict as to all remaining counts.

Following the guilty verdict, a presen-tence investigation report was prepared that reflected two prior cocaine distribution convictions from state court. The report concluded that these convictions were “predicate convictions for Career Offender purposes.” As a result, Jones’s sentencing guideline range was determined to be 262-327 months. On July 12, 2000, Jones filed a motion for downward departure. Pursuant to Section 5H1.4 of the Sentencing Guidelines, Jones claimed “extraordinary physical impairment” as a result of heart disease. Jones also argued that he was “not the typical Career Offender” because he “sold small quantities” and was thirty-eight years old before he became involved in criminal activity.

At the sentencing hearing, the district court concluded that, with respect to Jones’s health, “I don’t think that we’re looking at a man that’s in any kind of acute physical distress here and, otherwise, receiving medical treatment.” With respect to the career offender provision, the court noted that Jones has “been dealing drugs constantly except for the time that he’s been in prison since ’89. I mean, it may be small amounts, but it’s been constant.” The court thus denied the motion for downward departure and sentenced Jones to 262 months, the lowest sentence within the guideline range.

II.

A.

This court reviews claims of insufficient evidence using the same standard as the

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63 F. App'x 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jones-ca6-2003.