United States v. Juan Mark Jones

480 F. App'x 555
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 9, 2012
Docket11-14008
StatusUnpublished
Cited by1 cases

This text of 480 F. App'x 555 (United States v. Juan Mark Jones) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Juan Mark Jones, 480 F. App'x 555 (11th Cir. 2012).

Opinion

PER CURIAM:

Juan Mark Jones appeals following his convictions and 480-month total sentence for conspiracy to manufacture methamphetamine and possessing a firearm during a drug trafficking crime, 18 U.S.C. § 924(c)(1)(A) and (c)(1)(C), 21 U.S.C. § 846. On appeal, Jones raises three challenges to his convictions: (1) the district court erred in denying his motions, filed in response to the government’s refusal to move for a sentence reduction based on his cooperation, to withdraw his plea, or, alternatively, order “specific performance at sentencing” by ordering the government to file a substantial-assistance motion; (2) the factual basis supporting one of his firearm-in-furtherance convictions was insufficient; and (3) trial counsel was ineffective. He also challenges his sentence as unreasonable. For the reasons set forth below, we affirm Jones’s convictions and total sentence.

I.

A federal grand jury charged Jones with various counts, including, inter alia, conspiracy to possess with intent to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A) (Count 1); and two counts of possessing a firearm during and in relation to a drug trafficking crime, on July 31, 2008, and December 29, 2008, respectively, in violation of 18 U.S.C. § 924(c)(1) (Counts 4 and 9). Through appointed counsel Cindy Powell, Jones initially pled not guilty to all charges.

Pursuant to a written agreement with the government, Jones later indicated that he would plead guilty to the three aforementioned offenses. Jones also agreed to cooperate with the government. In exchange, the government agreed that, if Jones provided:

full, complete, truthful and substantial cooperation to the United States, which results in substantial assistance to the United States in the investigation or prosecution of another criminal offense, a decision specifically reserved by the United States in the exercise of its sole discretion, then the United States agrees to move for a downward departure in accordance with Section 5K1.1 of the United States Sentencing Guidelines or Rule 35 of the Federal Rules of Criminal Procedure, whichever the United States deems applicable.

The government agreed that if it determined that Jones’s cooperation did not qualify as substantial assistance, it would “recommend ... that the defendant receive a sentence at the low end of the applicable advisory guideline range.” 1

Attached to the plea agreement was a “factual resume,” in which Jones stipulated that the government could prove certain facts beyond a reasonable doubt. Specifically, the police began investigating Jones after several incidents in which he came to them attention in connection with methamphetamine manufacturing, and learned from cooperating witnesses that he: (a) paid others to obtain pseudoephedrine for him, which he cooked into methamphetamine; (b) sold methamphetamine directly to customers; (c) “liked to carry a gun”; and (d) had a trailer on Blackwell Nursery Road.

*558 The factual resume further stipulated that, on December 29, 2008, police responded to a trailer at 4470 Blackwell Nursery Road after receiving anonymous tips concerning methamphetamine-related activity at that address, and observed Jones inside. Police officers asked Jones to come outside, and, during an ensuing pat-down search, recovered a half-gram of methamphetamine from his pants pocket. In a garbage pail near the steps, police observed empty packs of pseudoephedrine and a funnel with white powder residue. Police also observed propane tanks and large containers in an open utility trailer on the premises. Based on this information, the police executed a search warrant and recovered propane tanks, caustic soda, jars, and a food processor with white powder residue on them, ammonia, Draino, coffee filters, plastic tubing, measuring cups, and empty pseudoephedrine boxes on the premises. Inside the trailer, police recovered pseudoephedrine, digital scales, baggies, and glass pipes with methamphetamine residue. Police also recovered a number of firearms, including two shotguns, four rifles, three handguns, and a crossbow.

Also, during a post-arrest interview, Jones admitted that he resided alone at the trailer on the 4470 Blackwell Nursery Road, and that everything inside was his. He admitted to police that one of the pistols and one of the shotguns belonged to him. He alleged that an acquaintance set him up by leaving the utility trailer on his property.

At his plea hearing in March 2009, Jones verified that trial counsel had explained his charges to him. He was satisfied with counsel’s representation thus far. Jones confirmed that he read the written plea agreement before signing it, and reviewed it with counsel. He also confirmed that he had not received any promises apart from those contained therein.

The district court informed Jones that Count 1 carried a statutory imprisonment range of 10 years to life; Count 4 carried a 5-year term of imprisonment, consecutive to the other counts; and Count 9 carried a 25-year term of imprisonment, consecutive to the other counts. The court explained that, “if there is not substantial cooperation,” it had “no authority except to give [him] forty years.” Jones indicated that he understood.

The district court invited the government to recite the elements of each count. The government then proffered, in relevant part, that Jones was present when the police executed a search warrant on a residence on Blackwell Nursery Road, and discovered a methamphetamine manufacturing lab. Police found guns at this address as well, and Jones “claimed possession of those firearms.” Prior police investigation revealed that Jones had engaged in methamphetamine manufacturing activity. Jones admitted that the government could prove the facts both as proffered and as stated in the factual resume. The district court, finding that Jones pled knowingly and voluntarily and an adequate factual basis supported the charges, accepted his plea to Counts 1, 4, and 9.

Jones filed, and the district court granted, a number of unopposed motions to continue sentencing so that he could pursue opportunities to cooperate. In December 2010, however, Powell moved to withdraw as trial counsel based on a potential conflict of interest that had arisen after Jones pled guilty. The district court granted Powell’s motion and appointed substitute counsel.

Through substitute counsel, Jones moved to withdraw his guilty plea based on previous trial counsel’s ineffective assis *559 tance and the government’s failure to file a substantial-assistance motion.

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Bluebook (online)
480 F. App'x 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-juan-mark-jones-ca11-2012.