United States v. William Arthur Jones

990 F.2d 1047
Court of Appeals for the Eighth Circuit·Decided June 9, 1993·No. 92-2126·Published·Cited by 55 cases

Opinions

HANSEN, Circuit Judge.

William, Jones was charged with two counts of possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1) and with one count of use of a firearm in connection with a drug trafficking crime in violation of 18 U.S.C. § 924(c). A jury convicted Jones of all three counts and the district court1 sentenced him to concurrent 151-month terms of imprisonment on the drug count, a consecutive 60-month term on the firearms count to be followed by a five-year term of supervised release. Jones appeals and we affirm.

I.

On June 19, 1991, law enforcement officers sent undercover informant Angela Figeroa to Jones’ apartment to conduct a “controlled buy” of crack cocaine. The officers gave Figeroa $350 in pre-recorded government “buy money,” and at approximately 10:00 a.m., Figeroa entered the apartment. Several minutes later, Figeroa walked out of Jones’ apartment and gave [1048]*1048the officers a plastic bag that later proved to contain six grams of crack cocaine.

On the basis of the success of this controlled buy as well as additional information provided by Figeroa regarding Jones’ drug trafficking activities, the officers obtained a search warrant for Jones’ apartment. The officers returned to the apartment several hours later and waited until Jones, who apparently had left his apartment, returned home. As Jones approached his door, the officers identified themselves, handcuffed Jones, and entered the apartment. They then proceeded to conduct the search.

During the search the police found over 800 grams of cocaine and over 50 grams of crack cocaine packaged in plastic bags; approximately $7000, including the $350 of pre-recorded buy money that the officers had supplied to Figeroa; various drag paraphernalia; and a loaded .25 caliber handgun. The gun, which forms the basis for the firearm conviction, was found inside a shoe hanging in a shoe rack on the back of the bedroom door. The officers conducting the search also found a box of .25 caliber bullets in a dresser drawer located in the bedroom.

Jones raises two issues on appeal. First, he argues that the evidence presented at trial does not support the § 924(c) firearm conviction. Second, he argues that the district court erred when it denied his motion in limine to exclude all testimony regarding the undercover controlled buy.

II.

Defendant challenges the sufficiency of the evidence to support his conviction under 18 U.S.C. § 924(c). Section 924(c) provides in part as follows:

Whoever, during and in relation to any ... drug trafficking crime ... for which he may be prosecuted in a court of the United States, uses or carries a firearm, shall, in addition to the punishment provided for such ... drug trafficking crime, be sentenced to imprisonment for five years....

18 U.S.C. § 924(c)(1). Jones asserts that the government presented insufficient evidence to establish that he used a firearm during and in relation to the specific drug trafficking crime of possession with intent to distribute a controlled substance. In reviewing such a challenge, we must affirm the conviction if, after viewing the evidence in a light most favorable to the government and giving the government the benefit of all reasonable inferences, we conclude that a reasonable jury could have found Jones guilty beyond a reasonable doubt. United States v. Bennett, 956 F.2d 1476, 1478 (8th Cir.1992) (citing United States v. Maejia, 928 F.2d 810, 812 (8th Cir.1991)).

Jones focuses on the “intent to distribute” language of 18 U.S.C. § 841(a)(1) in formulating his argument on appeal. Jones argues that the government failed to prove, and may conceptually be unable to prove, that he used the gun “during and in relation to” his “intent to distribute” the controlled substances. To support this argument, Jones relies upon United States v. Bruce, 939 F.2d 1053 (D.C.Cir.1991). In Bruce, the court specifically determined that “if the evidence shows no more than that the defendant possessed a gun which, it may be inferred, he intended to use in some future distribution of narcotics,” the government has failed to show the defendant “used” the firearm for § 924(c) purposes. Bruce, 939 F.2d at 1056 (conviction under § 924(c) reversed because the government presented no evidence defendant used the gun to protect his drugs or to facilitate a given drug transaction). Jones asserts that, at most, a reasonable jury might infer that he intended to use the gun found hanging on the back of the bedroom door during a distribution he intended to conduct at a later time and that his conviction should therefore be reversed.

The D.C. Circuit has recently had the opportunity to reassert its position regarding the applicability of § 924(c) to a conviction for possession with intent to distribute a controlled substance and to clarify Bruce. See United States v. Morris, 977 F.2d 617 (D.C.Cir.1992). The Morris court stated:

[1049]*1049In Bruce, this court recognized the analytical difficulty in distinguishing those cases in which someone merely possesses a gun with the intent to use it in a future drug trafficking crime, such as an intended sale — which does not violate § 924(c) — from those cases in which someone actually uses the gun in relation to the trafficking crime, such as a current sale or to protect current possession in anticipation of a future sale — which does violate § 924(c).

Id. at 621 (citing Bruce, 939 F.2d at 1053). Despite his assertions otherwise, Jones’ case is not one that falls prey to the described analytical difficulty. Rather, the evidence strongly supports the finding that Jones used the gun to protect his “current possession” of drugs.

As this court has recognized, “[i]t has become common knowledge that drug traffickers typically keep firearms available to protect themselves and their drugs and drug money.” United States v. Young-Bey, 893 F.2d 178, 181 (8th Cir.1990). If the presence of the firearm helps protect the supply of drugs and further the illegal activity, a § 924(c) conviction may be warranted. See United States v. LaGuardia, 774 F.2d 317, 321 (8th Cir.1985); Young-Bey, 893 F.2d at 181.

Free access — add to your briefcase to read the full text and ask questions with AI

United States v. William Arthur Jones, 990 F.2d 1047 (8th Cir. 1993).

990 F.2d 1047 (United States v. William Arthur Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

United States v. Hakeem Flax
988 F.3d 1068 (Eighth Circuit, 2021)
Bair v. Callahan
775 F. Supp. 2d 1163 (D. South Dakota, 2011)
United States v. Steele
550 F.3d 693 (Eighth Circuit, 2008)
United States v. Michael Dennis Vieth
397 F.3d 615 (Eighth Circuit, 2005)
United States v. Michael Vieth
Eighth Circuit, 2005
United States v. Nickolas James Conrad
320 F.3d 851 (Eighth Circuit, 2003)
United States v. John Running Horse, Sr.
175 F.3d 635 (Eighth Circuit, 1999)
United States v. Ernest McCloskey Jr.
169 F.3d 506 (Eighth Circuit, 1999)
United States v. Michael Kewan Crawford
130 F.3d 1321 (Eighth Circuit, 1997)
United States v. Kenneth D. Sills
120 F.3d 917 (Eighth Circuit, 1997)
United States v. Paul David Logan
121 F.3d 1172 (Eighth Circuit, 1997)
United States v. Stuart Lee Sumner
119 F.3d 658 (Eighth Circuit, 1997)