United States v. Jimmy Jones
2016 U.S. App. LEXIS 12927
6th Cir.2016Background
- Jimmy James Jones was convicted by a jury of conspiracy and multiple counts of distributing and aiding and abetting distribution of heroin.
- The probation office initially attributed 5–10 grams of heroin to Jones (base offense level 14).
- The government, relying on a confidential informant’s statement of daily 0.5 g purchases from Sept. 2012–Feb. 2013, argued relevant conduct was 60–80 grams (base level 22).
- The probation office revised the calculation upward; Jones objected, arguing the increased quantity finding should require clear and convincing evidence rather than a preponderance.
- At sentencing, the district court found by a preponderance that Jones was responsible for at least 40.3 grams (base level 18), producing a Guidelines range of 63–78 months and imposed a 78-month sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of proof for drug-quantity findings at sentencing | Jones: due process requires clear and convincing proof for large guideline increases | Gov't: preponderance of the evidence is sufficient; apply precedent upholding that standard | Court: affirmed preponderance standard; Brika controls; Alleyne doesn't require higher burden |
Key Cases Cited
- United States v. Brika, 487 F.3d 450 (6th Cir. 2007) (upholding preponderance standard for sentencing factfinding)
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (fact increasing mandatory minimum must be submitted to jury)
- United States v. Smith, 749 F.3d 465 (6th Cir. 2014) (Alleyne did not eliminate judge’s authority to sentence within statutory range)
- Phillip v. United States, 229 F.3d 550 (6th Cir. 2000) (panel will follow controlling circuit precedent absent Supreme Court inconsistency)