at 211, 107 S.Ct. at 956. at 1058. The jury could have believed any or all of these witnesses, and it was aided by the evidence that the day after Duon's body was set ablaze, airport police intercepted Barnes while he was carrying a firearm and attempting to fly to Los Angeles under an assumed name. Indeed, the concern answered by Bruton and clarified in Marsh is whether a court's instruction to apply a confession only to the declarant is adequate to constrain the jury to do so. Barnes' reliance on the general CCE principle that the kingpin is the primary focus is misplaced as it relates to his conviction of CCE-murder. In United States v. Anderson we observed, It is not our province on appeal to reweigh the evidence or judge the credibility of witnesses when reviewing the sufficiency of the evidence. 1991), cert. But subsequent authority teaches that Bruton is limited to that circumstance and the indistinguishable circumstance where the confession is redacted but nevertheless [leads] the jury straight to the conclusion that [the replacement pronoun] refer[s] to [the defendant]. Long, 900 F.2d at 1280. In contrast, in United States v. Long, 900 F.2d 1270 (8th Cir.1990), we held that a co-defendant's statement to an FBI agent replacing the defendant's name with someone was improperly admitted under Bruton. Both defendants appeal. %0 Electronic Article %A Tumasyan, Armen %A Adam, Wolfgang %A Andrejkovic, Janik Walter %A Bergauer, Thomas %A Chatterjee, Suman %A Damanakis, Konstantinos %A Dragicevic, Marko %A As noted, the government recognizes that the Supreme Court's decision in Rutledge and this circuit's earlier decision in Possick establish that a dual conviction for conspiracy to distribute drugs under 846 and engaging in a CCE under 848(a) violates the Double Jeopardy Clause because the former is a lesser included offense of the latter. Authorities disassembled the tile floor in Jones' bathroom and discovered that blood had seeped through the grout lines and tile base and settled in the wooden subflooring. See Rutledge v. United States, 517 U.S. 292, 116 S.Ct. 848(e) (1) cannot stand because the statute imposes liability solely on the CCE "kingpin." He was a member of the Los Angeles and Oakland Raiders from 1977 to 1987 of the National Football League (NFL). 2011 Bethel Football Team - Roster and Schedule. A jury convicted Jeffrey Lane Barnes of several drug-related crimes as charged in a federal indictment. Jones asserts that he is entitled to a new trial because of prosecutorial misconduct involving the use of the recorded phone conversation between Barnes and the government informant. Tacit understanding-as opposed to mere presence at and knowledge of an intended drug sale-will suffice; a formal agreement is unnecessary. denied, 510 U.S. 1018, 114 S. Ct. 618, 126 L. Ed. He asserts that the district court should have granted a severance under Rule 14 of the Federal Rules of Criminal Procedure on the basis that certain evidence was admissible only against Barnes. See Tipton, 90 F.3d at 887. En una noche de verano de 1990, el cuerpo de un presunto camello empieza a arder en un callejn de Minnesota. A. He told one of these people Walker was killed in a St. Paul apartment and the plastic was used to contain the blood. Jeffrey Barnes has been working as a Physician at Health Sciences Centre Winnipeg for 5 years. denied, 510 U.S. 1018, 114 S.Ct. A 'space cadet' in his forties, he was a champion of Missile Command in 1983, and is older than most of his co-workers, excepting John Casey and Big Mike. denied, --- U.S. ----, 116 S. Ct. 236, 133 L. Ed. Jones Appellant Br. at 956. 21 U.S.C. The single reference to "we" and several references to "they" in the witnesses' testimony here could have referred to anyone or any group of individuals acting with Barnes. Irene Schuck, Jones' girlfriend, helped Jones launder drug money through real estate deals, and she had told witnesses that at Jones' direction she cleaned up a large quantity of blood from Jones' bathroom within two days of Duon's murder. 848(e)(1)(A). The government argued at trial that Barnes was the hit man Jones summoned from Los Angeles to kill Duon for $20,000 because Duon cheated Jones in a cocaine transaction, and that the two killed Duon in Jones' bathroom and later disposed of the body by setting it afire in the alley. Name: Jeff Donnell Sr: Born: Jul 1961: Age: 61 : Relatives: Ashley N Webb Darlene Donnell Jeffery L Donnell Marlene Donnell: Addresses: 605 Lake Rd #10, Dyersburg, TN 38024 711 Homestead Dr, Troy, TN 38260 3848 Bethlehem Rd, Union City, TN 38261. There, however, both in the opening statement and closing argument the prosecutor specifically argued as if the they of the redacted confession included the unnamed defendant and the confessing co-defendant. The jury learned that Jones had a large quantity of human blood in his bathroom shortly after the murder, including splatters on the wall or ceiling and a substantial concentration on the floor; that Duon had been staying with Jones in Jones' condominium and was one of Jones' cocaine sources; that Jones had entered a substantial drug deal with Duon involving Jones' payment to Duon of $90,000 very recently before Duon's murder; that both Barnes and Jones were together just prior to the burning of Duon, less than two blocks from Jones' condominium; that a witness observed a car resembling Jones' girlfriend's car, occupied by two men, driving slowly into the alley just before Duon's body was incinerated; that after the body was set ablaze the witness also saw the car leave the alley heading in the general direction of Jones' residence, which was within two miles of the burning body; that just after the murder Jones also told an acquaintance, one of his drug couriers, to get rid of Duon's pickup truck, which was then parked near Jones' residence; that authorities did not locate the $90,000 cash, and Jones paid Barnes $20,000 cash the day following the murder; that the day after Duon's murder Jones falsely denied to a different drug courier that Duon had been in his condominium; and that two years after Duon's murder Jones reminisced with Barnes about the people they had popped in the past. Barnes moved to Minnesota, and in late 1993, FBI agents obtained authorization to wiretap Jones' and Barnes' residences, and recorded discussions regarding cocaine dealing and murder. However, neither Russell nor Looney referred to Jones by name when testifying about Barnes' confessions. 1996) ("Where the prosecution delays disclosure of evidence, but the evidence is nonetheless disclosed during trial, Brady is not violated."). 848(e) (1). The most recent tenant is Tammy Chapman. Barnes contests the ballistics evidence offered by ATF agent John O'Neill and O'Neill's conclusion that the firearm in Barnes' luggage was the weapon used to kill Duon. Jones contends that by admitting Barnes' confessions as provided in the hearsay testimony of Russell Barnes and Marc Looney, the district court denied Jones' right under the Confrontation Clause to cross examine government witnesses.2 He asserts the violation warrants reversal. Agent O'Neill later determined that the same firearm was used to kill Duon. Without regard to Barnes' confessions linking Jones to the murder in relation to a drug deal, the evidence tends to support the conclusion that: Duon was a major drug source for Jones' CCE; on behalf of his CCE Jones paid Duon a very large sum of cash for drugs shortly before Duon's murder; and Jones acquired a very large sum of cash shortly after the murder. In Bruton v. United States, 391 U.S. 123, 88 S.Ct. To prove Barnes conspired to distribute drugs under 21 U.S.C. Jeffrey Barnes We found 15 records for Jeffrey Barnes in VA, WV and 9 other states. Id. . The evidence showed that Barnes participated with Jones in drug dealing over a long period of time; that in 1989 when Sheila Swanson, one of Jones' drug couriers, picked up Jones from the airport after he arrived in Los Angeles for a four-kilogram cocaine deal, Barnes was present with him and accompanied him throughout the deal, and returned with Jones to Minnesota; and that Barnes represented to witnesses that the reason he killed Duon was because Duon had attempted to cheat them out of drugs or drug money. Police seized a loaded .22 caliber revolver and $13,900 cash from Barnes' checked baggage following a search. Role: Promoter. Just go to Grounds for Thought in downtown Bowling Green. Jones does not here challenge the admitted hearsay testimony offered by Thomas Carter. In contrast, in United States v. Long, 900 F.2d 1270 (8th Cir. He obtained his medical. While the parties do not cite United States v. Bennett, 848 F.2d 1134 (11th Cir. MURDER USA: Baltimore BGF Gang Member Kenneth Jones aka K Slay Sentenced To Life In Prison For Federal Racketeering And Drug Conspiracy Charges Gang was Responsible for Seven Murders, along with Armed Robberies, Shootings, and Stabbings All the cool names were taken, so these guys were stuck with these monikers: The cause of Duon's death was three gunshots to the head at close range with a .22 caliber handgun. 2d 959 (1990). Nos. Here, Jones' conspiracy is not punishable under 841(b)(1)(A) because application of the Double Jeopardy Clause to Jones' predicate conspiracy conviction has eliminated the possibility that 841(b)(1)(A) could be triggered. Additionally, the report revealed that Robert believed Jones may have conspired to kill Duon, and that Robert believed Duon was in possession of a large quantity of drugs and money at the time of his murder. The email address cannot be subscribed. P. 52(b); United States v. Olano, 507 U.S. 725, 734-35, 113 S. Ct. 1770, 1777-78, 123 L. Ed. Assuming, without deciding, that the summary could be construed to be in disregard of the court's limiting instruction, we find no prejudice requiring a mistrial. Here, Jones' conspiracy is not "punishable" under 841(b) (1) (A) because application of the Double Jeopardy Clause to Jones' predicate conspiracy conviction has eliminated the possibility that 841(b) (1) (A) could be triggered. To the very limited extent the report was exculpatory, it was disclosed in sufficient time for proper use by the defense. To the very limited extent the report was exculpatory, it was disclosed in sufficient time for proper use by the defense. UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Wendell JONES, Defendant-Appellant. at 21. Additionally, the government disclosed the report when it became aware of it, although this was after the trial began, and its disclosure afforded Jones five days to prepare to cross-examine Babadjanian. . at 443-44. ; see also United States v. McCullah, 76 F.3d 1087, 1103 (10th Cir.1996) ([T]he reach of section 848(e) extends to hired henchmen who commit murder to further a drug enterprise in which they may not otherwise be intimately involved.). Jones' name was not mentioned in the recording and the district court gave a limiting instruction. Accordingly, when Barnes shot and killed Duon as a result of Duon's attempt to cheat Jones' CCE out of drugs or drug money, he did so in the "furtherance of" Jones' CCE within the meaning of 848(e) (1) (A). 618, 126 L.Ed.2d 583 (1993), the confession as presented at trial referred to persons in Minnesota instead of to the defendant by name or by suggestion. 848(e) (1), the government must prove: (1) that Barnes was engaged in or working in the furtherance of Jones' CCE; (2) that Barnes intentionally killed Duon or commanded, induced, procured or caused his intentional killing; (3) that Duon's killing actually resulted; and (4) that there was a substantive connection between the killing and the CCE.