United States v. Melvin Jackson, 662 F. App'x 310

Background

Melvin Jackson was convicted of (1) conspiracy to distribute >1 kg heroin, (2) felon in possession of a firearm, and (3) possession with intent to distribute heroin after a 2013 DEA sting and an earlier 2012 shooting incident.
DEA agents recovered ~27 grams of heroin from Jackson’s trailer; Jackson also made custodial statements about regular purchases/deliveries from suppliers "Mike" and "Syd."
A 2012 Roy’s Lounge incident (video surveillance) showed Jackson handing a gun to Marvin Dokes, who shot a victim; that incident led to the felon-in-possession charge.
Jackson moved to suppress his custodial statements claiming no Miranda warnings; the district court denied suppression.
At sentencing the court cross-referenced the felon-in-possession Guideline to attempted murder and applied a 4-level enhancement for permanent or life‑threatening injury; Jackson appealed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Motion to suppress (Miranda/voluntariness)	Jackson: he never received Miranda warnings; statements therefore inadmissible	Government: agents testified Jackson was read Miranda and waived; written waiver presented at trial	Denied — multiple witnesses and waiver supported that Jackson received and waived Miranda rights
Sufficiency — conspiracy agreement	Jackson: no proof he joined an agreement beyond one‑man seller/buyer transactions	Gov: testimony showed suppliers, regular deliveries, and a customer network supporting a conspiracy	Affirmed — circumstantial evidence supported a tacit agreement to distribute drugs
Sufficiency — quantity (>1 kg)	Jackson: only ~27 g seized, no proof conspiracy involved >1 kg	Gov: Jackson’s statements and witness Watkins’ testimony demonstrated recurring deliveries totaling >1 kg	Affirmed — jury could reasonably find the conspiracy involved >1 kg based on testimony
Admission of Roy’s Lounge video (uncharged attempted murder)	Jackson: evidence was 404(b) character evidence or otherwise unfairly prejudicial under Rule 403	Gov: the acts were intrinsic to the felon‑in‑possession charge and probative of identity and firearm use	No plain error — video was intrinsic and probative; jury instruction mitigated prejudice
Cross‑reference to attempted murder at sentencing	Jackson: insufficient proof the gun was the one described in conviction or that he intended it to be used	Gov: video and PSR showed Jackson handed the firearm and then participated in the robbery, supporting knowledge/intended use	Affirmed — Section 2K2.1(c)(1) cross‑reference properly applied
Injury enhancement (permanent or life‑threatening vs. serious bodily injury)	Jackson: record lacks evidence victim suffered permanent or life‑threatening injury	Gov: victim was shot four times at close range, hospitalized — supports severe enhancement	Vacated and remanded — record insufficient to support 4‑level enhancement; district court must make additional factual findings and allow evidence on injury severity
Constitutional challenge to sentencing on uncharged conduct	Jackson: using uncharged offense at sentencing violated his rights (preserved for review)	Gov: circuit precedent forecloses the argument	Affirmed — claim is foreclosed by Fifth Circuit precedent; preserved for further review

Key Cases Cited

Berghuis v. Thompkins, 560 U.S. 370 (waiver need not be formal or express)
Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
Puckett v. United States, 556 U.S. 129 (plain‑error review framework)
Molina‑Martinez v. United States, 136 S. Ct. 1338 (incorrect Guidelines application often requires remand)
United States v. Sumlin, 489 F.3d 683 (intrinsic‑acts doctrine for Rule 404(b))
United States v. Morris, 46 F.3d 410 (common goal/buy‑sell suffices for conspiracy)
United States v. Daniels, 723 F.3d 562 (limits on speculation for quantity findings)
United States v. Guerrero, 169 F.3d 933 (focus for injury enhancement is on injury sustained)