United States v. Shon Jefferson

432 F. App'x 382
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 13, 2011
Docket09-11168
StatusUnpublished
Cited by10 cases

This text of 432 F. App'x 382 (United States v. Shon Jefferson) 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. Shon Jefferson, 432 F. App'x 382 (5th Cir. 2011).

Opinion

E. GRADY JOLLY, Circuit Judge: *

Shon Jefferson appeals his conviction and the sentence imposed after a jury-found him guilty of unlawful possession of a firearm by a felon, possession with intent to distribute a controlled substance, and possession of a firearm in furtherance of a drug-trafficking crime. Jefferson contends that the district court erred by: (1) denying a jury instruction that the “mere presence” of a firearm was insufficient proof of guilt under 18 U.S.C. § 924(c); (2) permitting prosecutorial comments about the depiction of forensic evidence on television shows; (3) allowing the prosecutor to ask potential members of the jury about their willingness to reach a guilty verdict without DNA evidence; (4) permitting the prosecutor’s comments during closing; and (5) sentencing Jefferson under § 924(c) because he was also subject to a longer mandatory minimum sentence under a separate statute. Although we hold that police testimony must be excluded because of the improper remarks of the prosecutor in closing arguments, we hold that none of the errors alleged require us to reverse the conviction and therefore AFFIRM the judgment of the district court.

I.

On November 13, 2008, Dallas police officers patrolling a high-crime apartment complex observed three people enter and exit Apartment 110 within five minutes. 1 Jefferson exited the apartment as the officers approached. The officers frisked Jefferson and asked if he lived in the residence. Jefferson responded, “[Y]es, I’m on the lease.” When the police asked for his identification, Jefferson entered his apartment and closed the door behind him. Officers heard keys jingling from inside the apartment. Jefferson exited the apartment with his girlfriend and produced identification to the police. He signed a form consenting to a search of his apartment.

In the apartment, police found a locked bedroom, which they opened with a key provided by Jefferson’s sister. Jefferson told officers that either his mother (who was actually deceased) or another person lived in the room. In the bedroom, the officers observed an open safe containing over 50 grams of crack cocaine, two electronic scales, several small plastic bags, marijuana, and a handgun. There were also pictures of Jefferson in the bedroom, the sunglasses that he wore in pictures, and receipts bearing his name and apartment address, which were dated within one month of this event. An officer exited the bedroom and handcuffed Jefferson, who officers testified exclaimed, “How did they get in my [f-ing] safe?” The police found $1,361 in Jefferson’s pocket. Jefferson fled the scene and ran approximately 150 yards before being apprehended by the police. A crowd gathered around the *386 apartment, causing the officers to expedite the processing of the crime scene. They gathered certain items from the crime scene and photographed them at a convenience store. Jefferson was charged in a three count indictment with: (1) unlawful possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1); (2) possession with intent to distribute more than 50 grams of crack cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A); and (3) possession of a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)®.

At trial, the government presented the testimony from five officers who were at the scene (as condensed above), along with experts who discussed the seized drugs and the handgun found in the bedroom. The leasing agent of the apartment complex testified that Jefferson was on the lease of Apartment 110. Jefferson’s only witness was his girlfriend, Sarah Coleman, who testified that she was present throughout Jefferson’s encounter with the police. She testified that Jefferson did not live in Apartment 110; that they lived together in Apartment 134 and were merely visiting Apartment 110. Coleman also testified that Jefferson did not have a key to the apartment or to the bedroom, that no one besides she and Jefferson entered or exited the apartment before the police arrival; that Jefferson’s identification was not in the apartment; that the police told Jefferson that he would go to jail if he did not sign the consent form, and that Jefferson did not make a remark indicating that the safe was his. On rebuttal, the government introduced evidence of Jefferson’s past conviction for possession with the intent to distribute methamphetamine.

During trial, Jefferson’s counsel submitted a proposed jury instruction relating to the charge of possession of a firearm in furtherance of a drug trafficking crime. The court, over Jefferson’s objection, did not adopt the part of the proposed instruction that would have instructed the jury that the “mere presence” of a gun was insufficient to find Jefferson guilty of the charge. During deliberation, the jury submitted a note to the court asking for clarification of the elements of the charge. Jefferson’s counsel declined to request new instructions at this juncture, the judge told the jury to decide on the basis of the instructions they had been given, and the jury returned a guilty verdict on this count.

The jury found Jefferson guilty on three counts: (1) unlawful possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1); (2) possession with intent to distribute more than 50 grams of crack cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A); and (3) possession of a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)®. Jefferson was sentenced to 120 months of imprisonment as to Count One; 360 months as to Count Two, concurrent to the sentence imposed in Count One; and 60 months as to Count Three, consecutive to the sentences imposed in Counts One and Two, for an aggregate sentence of 420 months.

II.

Jefferson raises six issues on appeal. 2 First, he argues that the district court erred by denying his request for a jury *387 instruction that the “mere presence” of a firearm was insufficient to find him guilty of violating Section 924(c). Second, Jefferson contends that during voir dire his right to a fair trial was compromised by prosecutorial comments about the depiction of forensic evidence on television shows. Third, Jefferson contends the district court committed plain error by allowing the prosecutor during voir dire to ask potential jurors about their willingness to reach a guilty verdict without DNA evidence. Fourth, Jefferson contends that the prosecutor’s comments during closing deprived him of a fair trial.

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Bluebook (online)
432 F. App'x 382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-shon-jefferson-ca5-2011.