Tacit understanding-as opposed to mere presence at and knowledge of an intended drug sale-will suffice; a formal agreement is unnecessary. The appellants' convictions stem from an extensive investigation by state and federal law enforcement agencies into the criminal activities of Jeffrey Lane Barnes, Kenneth Jones, and others who authorities believed were responsible for a major drug distribution operation and several drug-related murders. denied, 503 U.S. 976, 112 S. Ct. 1600, 118 L. Ed. Taped discussions between Jones and Barnes led authorities to others involved in drug distribution. Five days later the government called Babadjanian to testify and Jones cross-examined him regarding the gas tank. If the file has been digitized, it will appear as a link. Jeffrey Eric Barnes Sedalia, age 51, male. Of course, the very question presupposes that, if left without instruction, the jury might "easily" and "logically" apply the confession to the defendant. The prosecutor otherwise in this context referred solely to Barnes. His body had been wrapped in plastic, doused with gasoline, and set ablaze within two miles of Jones' condominium. Authorities learned that Barnes told three different individuals, including Barnes' nephew, a fellow inmate, and a pastor, that he and Jones had killed Duon Walker after Duon attempted to cheat them in a drug deal. Since Marsh, we have had several occasions to consider the admissibility of a co-defendant's confession from which a defendant's name has been removed and replaced with a neutral pronoun. 21 U.S.C. Marker Address Rent ? The jury convicted Barnes of CCE-murder and of conspiring to distribute cocaine. Barnes challenges the sufficiency of the evidence as it relates to his convictions of CCE-murder and conspiracy to distribute cocaine. at 788 (emphasis added). at 1489-91. 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. In the joint trial, over Jones' objections, the district court admitted the hearsay testimony of Barnes' redacted confessions to Jeffrey Barnes' nephew, Russell Barnes, and to a pastor, Marc Looney. Crescent Southern District of Mississippi (601) 965-4480. 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. 1600, 118 L.Ed.2d 314 (1992), we found no Bruton violation where the jury learned from a co-defendant's post-arrest admission that, after the bank robbery, everyone [in the car] had been sprayed when the dye pack discharged, and everyone [in the car] was afraid. We deal with their contentions seriatim. Jeffrey Barnes has been working as a Chief Financial Officer at Kohler & Eyre CPAs for 7 years. 2d 176 (1987), the Supreme Court considered the application of Bruton to the admission of a co-defendant's confession that had been redacted, omitting any reference to the defendant. Jeffrey Barnes et Kenneth Jones : Des Narcotrafiquants Sans Remords | Dossiers FBI Share Watch on True Crime Stories - Documentaires Criminels mer, septembre 21, 2022 4:00 URL: Embed: Lorsque le corps d'un potentiel livreur de drogues est retrouv brl dans une ruelle, les agents du FBI et la police locale Share on The Bruton Court reversed the conviction as a violation of the Confrontation Clause, notwithstanding the trial court's instruction to the jury that it may consider the confession only against the co-defendant. Lonely Planet's Munich, Bavaria & the Black Forest. The inquiry instead must focus on whether the co-defendant's redacted confession itself implicates the defendant; there is no violation where the confession implicates the defendant only when linked to other evidence. View Public Record Results ✓ Addresses. Trabajando. 5. The government concedes that Jones cannot be convicted under the facts of this case both for engaging in a CCE and for conspiring with others to distribute drugs. Decided Dec. 2, 1996. 608(b) (restricting admission of extrinsic evidence of a collateral matter to attack credibility). We see no Brady violation here. However, neither Russell nor Looney referred to Jones by name when testifying about Barnes' confessions. A jury convicted Jeffrey Lane Barnes of several drug-related crimes as charged in a federal indictment. While the parties do not cite United States v. Bennett, 848 F.2d 1134 (11th Cir. 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. See United States v. Tipton, 90 F.3d 861, 887 (4th Cir. He has admitted that he killed Duon Walker, that it was over a drug dispute, and that he got money as a result He told one of these people Walker was killed in a St. Paul apartment and the plastic was used to contain the blood.Trial Tr. UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Lane BARNES, Defendant-Appellant. Barnes argues that his conviction of CCE-murder under 21 U.S.C. The Seventh Circuit in United States v. Cooper distinguished persons engaged in a CCE from persons working in furtherance of a CCE, and concluded that one need not be the CCE kingpin (i.e., engaged in a CCE) to work to further the CCE. at 788. Russell testified that, according to Jeffrey Barnes, Duon tried to jack them for some work, some of the dope. Long, 900 F.2d at 1280. Taped discussions between Jones and Barnes led authorities to others involved in drug distribution. Neither the government, Jones nor Barnes called Robert to testify, but the government planned to call Babadjanian later the same day that it disclosed the FBI report to the defendants. denied, 494 U.S. 1089, 110 S.Ct. The court declared a mistrial as to the deadlocked count and sentenced Barnes to two concurrent life sentences. 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. Barnes challenges the sufficiency of the evidence as it relates to his convictions of CCE-murder and conspiracy to distribute cocaine. Following the Seventh Circuit's reasoning in Cooper, we hold that a person does not avoid prosecution for CCE-murder under 848(e) (1) (A) simply based upon his supervisee status in the CCE. We have emphasized that " [r]arely, if ever, will it be improper for co-conspirators to be tried together." Because of our conclusion that the drug distribution conspiracy conviction cannot stand based on the double-jeopardy analysis above, we need not reach this issue. In closing argument the government used Barnes' recorded statement to the informant as to how to eliminate another drug dealer. Jones argues that because he and Barnes were the only persons named in the indictment, and were the only defendants present in the courtroom, [t]he jury could easily and logically conclude that they and we referred to Jeffrey Barnes and Mr. Jones. Jones Appellant Br. Jones does not argue that the prosecutor or other evidence impermissibly linked the pronouns used in the redacted confessions to Jones.4 That other independent circumstantial evidence tended to suggest that Barnes and Jones committed the murder together does not render admission of the redacted confessions erroneous. The murder subsection of the statute imposes liability not just on a person engaging in the CCE, but alternatively on a person working in furtherance of the CCE, where he or she also either intentionally kills a person or counsels, commands, induces, procures, or causes the intentional killing. 21 U.S.C. The cause of Duon's death was three gunshots to the head at close range with a .22 caliber handgun. at 1493-94 (emphasis added). Fellow inmate Thomas Carter testified that Barnes had told him that Barnes and some friends got ripped off, by Duon, and that [Barnes] killed him in response. We held that the testimony was properly admitted because the redacted statement did not draw attention to the fact that the prosecution had the name available to it and purposely omitted it from the statement. Id. Find many great new & used options and get the best deals for HOW CAN YOU NOT LOOK? Jones does not argue that the prosecutor or other evidence impermissibly linked the pronouns used in the redacted confessions to Jones.4 That other independent circumstantial evidence tended to suggest that Barnes and Jones committed the murder together does not render admission of the redacted confessions erroneous. at 1058. See Rutledge v. United States, --- U.S. ----, 116 S. Ct. 1241, 134 L. Ed. Russell testified that, according to Jeffrey Barnes, Duon "tried to jack them for some work, some of the dope. Id. 19 F.3d 1154, 1164-65 (7th Cir.1994). at 211, 107 S.Ct. Marsh held that the Confrontation Clause is not violated by the admission of a non-testifying co-defendant's confession where the court issues a proper limiting instruction and "the confession is redacted to eliminate not only the defendant's name, but any reference to his or her existence." 2d 164 (1995). While discussing the recording the prosecutor did not indicate that Jones was to be part of the plan. We affirm Jones' conviction in every other respect. 1555, 1565, 131 L.Ed.2d 490 (1995). He is. UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Wendell JONES, Defendant-Appellant. 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. Id. We hold the district court did not err in submitting this issue to the jury. 1. Jones' argument that earlier disclosure would have permitted him to locate Robert to testify on his behalf is without merit. Get free summaries of new Eighth Circuit U.S. Court of Appeals opinions delivered to your inbox! Reasoning that the phrase "working in furtherance of" would be superfluous if it referred only to kingpins, the Cooper court affirmed the conviction of a CCE supervisee who killed at the behest of the CCE kingpin. Adams, Bobbie. 2d 583 (1993), the confession as presented at trial referred to "persons in Minnesota" instead of to the defendant by name or by suggestion. 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. See United States v. Wood, 834 F.2d 1382, 1388-90 (8th Cir.1987). Moreover, even if Robert had been called as a witness, it would have been improper for him to testify regarding the false gas tank simply to impeach Babadjanian. HD420ev Chamberlain . ), cert. Browse the directory of real estate professionals at realtor.com. Refine Your Search Results All Filters 1 Jeffrey Aaron Barnes, 43 Resides in Dover, DE Lived In Hyattsville MD, Philadelphia PA Related To Danielle Barnes, Ryan Barnes We therefore hold the district court did not abuse its discretion by admitting the confessions.5Other Trial Errors. Id. 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. See id. Id. 1995). Likewise, in his closing argument the prosecutor did not include Jones in any discussion of Barnes' confessions. Id. Vonetta Tyson Barnes, 38, of Wahiawa, Hawaii, is charged with racketeering conspiracy, securities fraud, wire fraud to defraud investors, and money laundering conspiracy. We apply the same test, discussed above, in reviewing whether the evidence was sufficient for the jury to convict Jones of CCE-murder under 21 U.S.C. In Richardson v. Marsh, 481 U.S. 200, 107 S.Ct. Id. The Seventh Circuit in United States v. Cooper distinguished persons "engaged in" a CCE from persons "working in furtherance of" a CCE, and concluded that one need not be the CCE kingpin (i.e., "engaged in" a CCE) to work to further the CCE. The confessions originally included admissions that Barnes and Jones murdered Duon. After considering the evidence against Jones in the light most favorable to the jury's verdict and accepting as established all reasonable inferences that support the verdict, we find overwhelming evidence to sustain the jury's conviction of Jones. As to all of this evidence Barnes insists the witnesses simply were not credible in light of conflicting testimony. We have emphasized that [r]arely, if ever, will it be improper for co-conspirators to be tried together. United States v. Drew, 894 F.2d 965, 968 (8th Cir. To the very limited extent the report was exculpatory, it was disclosed in sufficient time for proper use by the defense. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. First, we decided United States v. Garcia, 836 F.2d 385 (8th Cir.1987). Click a location below to find Jeffrey more easily. Accordingly, that conviction cannot stand. First, he does not contend that he ever attempted to locate Robert, even after he received the report. 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). Barnes insists the witnesses simply were not credible in light of conflicting testimony attempted to locate Robert testify. 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