United States v. Debon Sims, Jr.
685 F. App'x 216
| 4th Cir. | 2017Background
- Defendant Debon Derone Sims, Jr. was convicted by a federal jury of: conspiracy to distribute cocaine (21 U.S.C. § 846), travel to facilitate distribution (18 U.S.C. § 1952(a)(3)), use of a communication facility to facilitate distribution (21 U.S.C. § 843(b)), and possession with intent to distribute cocaine (21 U.S.C. § 841(a)).
- Evidence showed Sims traveled twice to the U.S. Virgin Islands (Jan–Feb 2015), made telephone calls to persons there, and received a mailed package from the Virgin Islands intercepted by authorities containing one kilogram of cocaine.
- Authorities recovered phone records from Sims’ cell phone showing wire-transfer receipts and other package deliveries from the Virgin Islands to addresses in New York and North Carolina.
- Sims moved for acquittal under Fed. R. Crim. P. 29 and objected to admission of the cellphone-derived evidence under Rule 403; he also challenged a supplemental jury instruction about knowledge of the substance’s precise nature.
- The district court denied the Rule 29 motion, admitted the cellphone evidence, gave the supplemental instruction, and sentenced Sims to 54 months; the Fourth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument (Sims) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy and possession with intent | Evidence was insufficient to prove Sims knowingly conspired or possessed with intent to distribute cocaine | Circumstantial evidence (travel, calls, package containing 1kg cocaine, transaction records) supported knowing participation and constructive possession | Affirmed: substantial evidence supported convictions |
| Travel Act (§1952) and §843(b) phone-facilitation elements | Travel and phone calls did not show intent to promote unlawful activity or that calls facilitated distribution | Travel to and contacts with Virgin Islands and use of phone to coordinate supported Travel Act and facilitation under §843(b) | Affirmed: evidence supported Travel Act and facilitation conviction |
| Admission of cellphone-derived records (Rule 403) | Phone evidence was unduly prejudicial and should be excluded | Records were highly probative of link between Sims and packages/wire transfers from the Virgin Islands | Affirmed: district court did not abuse discretion admitting the evidence |
| Supplemental jury instruction on knowledge of controlled substance | Instruction misstated law by allowing conviction without proof Sims knew the drug’s exact chemical identity | It is sufficient if jury finds beyond a reasonable doubt that defendant knew the item was a controlled substance | Affirmed: instruction was legally correct and proper exercise of discretion |
Key Cases Cited
- United States v. Smith, 451 F.3d 209 (4th Cir. 2006) (de novo review of denial of Rule 29 motion)
- United States v. Palacios, 677 F.3d 234 (4th Cir. 2012) (definition of substantial evidence standard)
- United States v. Howard, 773 F.3d 519 (4th Cir. 2014) (elements of drug conspiracy under § 846)
- United States v. Blue, 808 F.3d 226 (4th Cir. 2015) (constructive possession and intent-to-distribute standards)
- United States v. Gallo, 782 F.2d 1191 (4th Cir. 1986) (elements of Travel Act offense)
- United States v. Hassan, 742 F.3d 104 (4th Cir. 2014) (deferential review of Rule 403 decisions)
- United States v. Cole, 631 F.3d 146 (4th Cir. 2011) (viewing evidence favorably to proponent under Rule 403)
- United States v. Hurwitz, 459 F.3d 463 (4th Cir. 2006) (abuse-of-discretion standard for jury-instruction decisions)
- United States v. Ali, 735 F.3d 176 (4th Cir. 2013) (correctness review of jury instructions)
- United States v. Brower, 336 F.3d 274 (4th Cir. 2003) (knowledge-of-substance law)