United States v. Jones

285 F. App'x 243
Court of Appeals for the Sixth Circuit·Decided July 16, 2008·No. 07-5200·Unpublished·Cited by 1 cases

Opinions

OPINION

ALAN E. NORRIS, Circuit Judge.

Defendant Michael Everett Jones appeals from a jury verdict finding him guilty of aiding and abetting the possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. This appeal focuses on defendant’s contention that the evidence introduced during trial was constitutionally insufficient to support the verdict. In essence, we must determine whether the driver of an automobile is criminally responsible for drugs found on the person of his passenger even though there is no direct evidence of the driver’s independent knowledge of the drugs.

I.

This case stems from a traffic stop. On January 9, 2006, Chief Deputy Ronnie Moore and Deputy James Jones of the Lake County, Tennessee Sheriff’s Department stopped a gray 1989 Chevrolet driven by defendant based upon an observed seat-belt violation. Co-defendant Lamar Wilson was a passenger in the ear at the time of the stop. Defendant pulled his vehicle over as soon as Moore turned on his emergency lights. Moore approached the driver’s side of the vehicle while Deputy Jones approached the passenger’s side.

[244]*244Defendant supplied a driver’s license with a Memphis address but told Moore that he lived in Tiptonville, a town near the Kentucky border where the stop occurred. The car had Kentucky plates and was registered to a third party. After further questioning, defendant acknowledged that he had served a federal sentence for gun possession. According to Moore and Deputy Jones, both defendant and Wilson appeared anxious.

Moore returned to the cruiser to initiate license plate and driver’s license checks. When finished, he returned to the stopped car, this time approaching from the passenger’s side. Moore noticed that defendant was talking on a cell phone and told him to end the conversation. After hanging up, Moore overheard defendant tell Wilson, “They’re coming.” At trial, Moore testified that he worried that defendant might be alluding to friends of defendant who had been summoned to effect a violent escape.

Moore then asked defendant if he could search the car. Defendant consented. At this point, approximately six to eight minutes had passed since the stop. Moore conceded that neither defendant nor Wilson had been placed under arrest, nor had he issued a traffic citation. As Wilson stepped out of the car, Moore told him that he was subject to a pat-down. Deputy Jones did the same to defendant. During the pat-down of Wilson, an object wrapped in fabric softener and duct tape fell out of his pant-leg. It was later found to contain 500 grams of cocaine. Assuming that the package contained narcotics, Moore attempted to handcuff Wilson while Deputy Jones was told to handcuff defendant. Wilson escaped from the grip of Moore and began running down the highway. At that moment, a car driven by co-defendant Lashawnda Ceasar arrived; it was later established that defendant had called her on the cell phone. Although Moore told her not to leave, she drove off with Wilson hanging onto the hood of her car.1 Moore returned to the car to assist Deputy Jones and they handcuffed defendant. Wilson and Ceasar were arrested not long thereafter.

Defendant and Wilson filed a motion to suppress the results of the traffic stop. The district court granted the motion as it applied to Wilson but denied it as to defendant. Defendant proceeded to trial and the jury returned a guilty verdict with respect to the single charge of aiding and abetting a drug trafficking crime. The district court denied defendant’s motion for judgment of acquittal as well as a renewed motion for judgment of acquittal or a new trial.

II.

On appeal, defendant primarily focuses upon the sufficiency of the evidence although he also challenges the denial of his motion to suppress.

1. Sufficiency of the Evidence

Defendant faces an onerous standard of review with respect to this issue:

We ... review [defendant’s] claims to determine “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of a crime beyond a reasonable doubt.” United States v. Wood, 364 F.3d 704, 716 (6th Cir.2004) (emphasis in original) (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)). A review for sufficiency of the evidence requires us to “draw all available inferences and re[245]*245solve all issues of credibility in favor of the jury’s verdict.” United States v. Paige, 470 F.3d 603, 608 (6th Cir.2006) (internal quotation marks omitted). “Circumstantial evidence alone is sufficient to sustain a conviction and such evidence need not remove every reasonable hypothesis except that of guilt.” United States v. Spearman, 186 F.3d 743, 746 (6th Cir.1999) (internal quotation marks omitted).

United States v. Wheaton, 517 F.3d 350, 365 (6th Cir.2008).

In order to establish defendant’s guilt of the crime charged, the government must prove the following beyond a reasonable doubt:

The elements of [21 U.S.C. § 841(a)(1) ] are that “(1) the defendant knowingly; (2) possessed a controlled substance; (3) with intent to distribute.” United States v. Gibbs, 182 F.3d 408, 424 (6th Cir.1999). “To prove aiding and abetting, the government must show that [the defendant] knew that the principals possessed [the controlled substance] with the intent to distribute it, and that [the defendant] assisted in their plan to deliver [it].” United States v. Ledezma, 26 F.3d 636, 641 (6th Cir.1994). [Defendant’s] mental state is thus an essential element of the offense....

United States v. Bennett, 291 F.3d 888, 895 (6th Cir.2002).

Defendant’s position is straightforward: he did not personally possess cocaine or large amounts of cash; he merely drove a car with a passenger who did. He points out that he cooperated with law enforcement by stopping his car when asked to do so, consented to a search of the vehicle, revealed his past conviction for gun possession,2 and agreed to a pat-down. No charges were ever filed relating to his use of the car and there was nothing inherently suspicious in the fact that it happened to be licensed in Kentucky and belonged to someone else.

With respect to his alleged “nervousness,” Deputy Moore conceded that suspects are often nervous. Given that defendant had been pulled over, a certain amount of apprehension was to be expected. Furthermore, defendant did not try to flee when Ceasar arrived (not to mention that the jury acquitted her of criminal intent as well).

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United States v. Jones, 285 F. App'x 243 (6th Cir. 2008).

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