United States v. Romondo Jenkins
2014 U.S. App. LEXIS 13401
8th Cir.2014Background
- Romondo Jenkins was convicted by jury of possession of cocaine base with intent to distribute under 21 U.S.C. § 841(a)(1).
- DEA conducted a controlled purchase: CI bought cocaine base from Jenkins after meeting at a location arranged by agent Harness.
- Evidence custodian Harness sealed the cocaine in an evidence locker and prepared a DEA-12; Officer Thomas logged the deposit.
- The next day Freeman sent the cocaine to the DEA laboratory with a DEA-7; Freeman's DEA-7 contained some incorrect dates and Freeman used a template DEA-12 for a prior exhibit.
- The lab tested the substance as cocaine base; Jenkins was indicted and later convicted; Jenkins challenged the sufficiency of evidence and the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Jenkins: insufficient evidence his possession and intent to distribute. | Government: evidence shows Jenkins possessed cocaine base with intent to distribute. | Sufficiency affirmed; reasonable jury could find possession and intent. |
| § 3553(a) considerations at sentencing | Jenkins: district court failed to meaningfully consider § 3553(a). | Government: court identified factors and heard arguments, satisfying § 3553(a). | No procedural error; factors properly considered. |
| Reasonableness of within-Guidelines sentence | Jenkins: the sentence is substantively unreasonable. | Government: within-range sentences are presumptively reasonable; court weighed factors appropriately. | Sentence not substantively unreasonable; district court acted within its discretion. |
Key Cases Cited
- United States v. Chatmon, 742 F.3d 350 (8th Cir. 2014) (sufficiency review de novo; resolve conflicts in favor of government)
- United States v. Bynum, 669 F.3d 880 (8th Cir. 2012) (sufficiency standard; view evidence in light favorable to government)
- United States v. Cook, 603 F.3d 434 (8th Cir. 2010) (resolve evidentiary conflicts in favor of government)
- United States v. Wanna, 744 F.3d 584 (8th Cir. 2014) (credibility determinations for jury; support for chain of custody)
- United States v. Ali, 616 F.3d 745 (8th Cir. 2010) (jury may resolve conflicts; credibility determinations favored to verdict)
- United States v. Timberlake, 679 F.3d 1008 (8th Cir. 2012) (weight given to criminal history in § 3553(a) balancing)
- United States v. Ruelas-Mendez, 556 F.3d 655 (8th Cir. 2009) (district court discretion in weighing § 3553(a) factors)
- United States v. Borromeo, 657 F.3d 754 (8th Cir. 2011) (wide latitude to weigh § 3553(a) factors)
- United States v. Bridges, 569 F.3d 374 (8th Cir. 2009) (weighting factors under § 3553(a))
- United States v. Feemster, 572 F.3d 455 (8th Cir. 2009) (abuse-of-discretion standard for sentence review)
- United States v. Shores, 700 F.3d 366 (8th Cir. 2012) (adequate consideration of § 3553(a) factors at sentencing)