United States v. Keefer Jones

455 F.3d 800, 70 Fed. R. Serv. 884, 2006 U.S. App. LEXIS 19293, 2006 WL 2129703
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 1, 2006
Docket04-2447
StatusPublished
Cited by66 cases

This text of 455 F.3d 800 (United States v. Keefer Jones) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Keefer Jones, 455 F.3d 800, 70 Fed. R. Serv. 884, 2006 U.S. App. LEXIS 19293, 2006 WL 2129703 (7th Cir. 2006).

Opinions

[802]*802RIPPLE, Circuit Judge.

After a jury trial, Keefer Jones was found guilty of possession with intent to distribute five or more grams of cocaine base (“crack”). See 21 U.S.C. § 841(a)(1) & (b)(1)(B). The district court sentenced Mr. Jones to 262 months’ imprisonment and eight years’ supervised release and ordered him to pay a $100 special assessment. Mr. Jones now appeals his conviction and sentence. For the reasons set forth in the following opinion, we affirm the judgment of the district court.

I

BACKGROUND

A. Facts

On the evening of July 28, 2000, in preparation for executing a search warrant of a residence, several Decatur Police officers were performing surveillance of that residence at 940 North Main Street in Decatur, Illinois. During that time, Detective Jason Boesdorfer observed three black males, including Mr. Jones, coming and going from the residence. At approximately 8:80 p.m., Mr. Jones and his nephew Montae Jones left the home, got into a car and drove away. Detective Lome Sturdivant followed and observed the car, driven by Mr. Jones, make a left turn without signaling. Detective Sturdivant then ordered Mr. Jones to pull the car to the curb. Mr. Jones was arrested for driving with a suspended license and taken to the Decatur police station.

Meanwhile, other police officers, including Detectives David Dailey and Chad Ra-mey, began the search of 940 North Main Street. The officers first searched a dresser in the living room where they found a plastic bag containing seventeen rocks of crack. Underneath the bag of crack, they found Mr. Jones’ State of Illinois identification card and pages from his address book. Next to the dresser was a duffel bag containing men’s clothing, men’s shaving items and a letter addressed to Mr. Jones at 423 West Olive, Decatur, Illinois, which was postmarked July 19, 2000. Underneath the dresser was a cell phone box and a receipt, dated June 27, 2000, for the cell phone made out to Mr. Jones at 423 West Olive, Decatur, Illinois.

The police also searched the northeast bedroom, which contained no furniture, only debris. In this bedroom, they found a Hardee’s bag hidden in a radiator. Inside that bag were four plastic bags; two contained cash totaling approximately $1,700; the other two contained approximately 175 rocks of crack cocaine. The crack in each bag weighed over five grams.

After the search was completed, Detective Ramey left the house and returned to the Decatur police station, where he advised Mr. Jones of his Miranda rights. According to Detective Ramey, Mr. Jones signed a Miranda form indicating that he understood his rights. Detective Ramey testified at trial that, after signing this form, Mr. Jones told him that he had moved to 940 North Main Street about a month earlier and that the duffel bag belonged to him. Mr. Jones also admitted to the Detective that he had been selling crack from the house during the previous two or three weeks and that the crack in the dresser and Hardee’s bag belonged to him. He further stated that the $1,700 in the Hardee’s bag was money that he had made selling crack during the previous two days.

Detective Ramey then asked Mr. Jones to draft a written confession. Mr. Jones complied and wrote:

I’ve been staying at 940 Main Street for about three to four weeks and have been dealing drugs. About a couple thousand worth of the drugs were mine that were seized at that apartment in a raid (crack cocaine).

[803]*803Appellee’s Br. at 14-15. Mr. Jones signed the statement and wrote the date and his address as 940 North Main Street. Detective Ramey also signed the form.

According to the Government, Mr. Jones indicated to Decatur Police that he wanted to cooperate with the investigation. On August 1, 2000, he met with Decatur Police Detective Stalets and FBI Agent Warren and signed a “confidential source” form. In the following interview, he told Detective Stalets and Agent Warren that he had received on consignment the crack that had been seized from 940 North Main Street. He further admitted that he had intended to sell it.

On March 13, 2002, a criminal complaint was issued that charged Mr. Jones with possessing crack with intent to distribute. A warrant was issued for his arrest. The criminal complaint was supported by an affidavit written by FBI Agent Warren who summarized the search of 940 North Main Street and noted that Mr. Jones had made a “written statement” confessing to dealing drugs. The text of this statement was included in the affidavit. On April 5, 2002, Mr. Jones was indicted by a grand jury and charged with knowingly and intentionally possessing with intent to distribute five or more grams of crack cocaine. See 21 U.S.C. § 841(a)(1) & (b)(1)(B).

B. District Court Proceedings

Mr. Jones’ trial originally was scheduled for June 10, 2002. On May 30, 2002, the district court granted his motion for a continuance; the trial date was reset for July 15, 2002. On July 3, 2002, Mr. Jones filed a second motion for a continuance, requesting additional time to obtain a handwriting analysis of the statement allegedly penned by Mr. Jones. At a hearing on this motion, Mr. Jones’ counsel admitted that he had been provided the written confession by the prosecution, and had been under the mistaken impression that a police officer had written the statement and that Mr. Jones had only signed it. According to counsel, he did not realize his mistake until the final pretrial conference on June 28, 2002, when the Government had told him that Mr. Jones had written and signed, not just signed, the statement. Given this new information, counsel contended that he needed additional time to obtain a handwriting expert to determine whether or not the document had been written by Mr. Jones.1

The district court denied the motion to continue, stating that a handwriting expert’s testimony would not be an absolute or affirmative defense and instead would be “evidence that would be presented to the jury that they could accept or reject.” R.26 at 20. The court noted that the statement allegedly written by Mr. Jones was merely corroborative of his oral statement, the testimony of the officers and the items that were seized from the home. The district court also reasoned that Mr. Jones’ counsel had been made aware that his client had penned the statement on March 13, 2002, when FBI Agent Warren filed an affidavit in support of the criminal complaint stating that, on the day of the search, “Jones ... provided a written statement to officers.” Id. at 25, 27-28. Therefore, the district court concluded that the interests of justice did not require a continuance.

At trial, Detectives Boesdorfer, Ramey, Sturdivant and Dailey all testified about the search of 940 North Main Street. Detective Ramey further testified that Mr. Jones freely cooperated with police and [804]*804that it was Mr. Jones who wrote and signed the statement given to police on July 28, 2000.

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Bluebook (online)
455 F.3d 800, 70 Fed. R. Serv. 884, 2006 U.S. App. LEXIS 19293, 2006 WL 2129703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-keefer-jones-ca7-2006.