United States v. Jermaine Brown
474 F. App'x 945
4th Cir.2012Background
- Jermaine Brown was convicted after a jury trial of possession with intent to distribute cocaine and cocaine base, distribution of cocaine base, conspiracy to possess with intent to distribute and distribution of cocaine base, cocaine, and marijuana, and two counts of possession of a firearm in furtherance of a drug trafficking offense, in violation of 18 U.S.C. § 924(c).
- Brown appeals challenging the sufficiency of the evidence to support the firearm charges under § 924(c).
- Brown also challenges the jury instruction stating the Government was not required to use any specific investigative techniques.
- The district court denied Brown’s motions for judgment of acquittal under Fed. R. Crim. P. 29.
- The appellate court reviews the evidence for substantiality in the light most favorable to the government and does not reassess witness credibility.
- The court affirms Brown’s convictions, concluding the evidence was sufficient and the jury instruction was proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of firearm evidence | Brown asserts insufficient evidence to show the firearms were used in furtherance of drug trafficking. | Government contends the record shows the firearms aided drug trafficking and thus satisfies § 924(c). | Sufficient evidence supported the § 924(c) convictions. |
| Jury instruction on investigative techniques | Brown argues the instruction improperly commented on weight of evidence by disallowing required techniques. | Government argues instruction is proper and consistent with controlling precedent. | Instruction proper; not an improper weight-of-evidence comment. |
Key Cases Cited
- United States v. Lomax, 293 F.3d 701 (4th Cir. 2002) (defines 'in furtherance of' for § 924(c))
- United States v. Mason, 954 F.2d 219 (4th Cir. 1992) (upholds broad jury instruction on burden of proof)
- United States v. Arrington, 719 F.2d 701 (4th Cir. 1983) (uncorroborated testimony may sustain a verdict)
- Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999) (standard for evaluating jury instruction abuses)
- Glasser v. United States, 315 U.S. 60 (1942) (substantial evidence standard of review)
- United States v. Burgos, 94 F.3d 849 (4th Cir. 1996) (en banc; standard for evaluating drug-trafficking evidence)
- United States v. Romer, 148 F.3d 359 (4th Cir. 1998) (credibility not re-evaluated on appeal)