United States v. Terrance Jones
2013 U.S. App. LEXIS 7108
| 7th Cir. | 2013Background
- Jones was convicted by jury of possession of cocaine with intent to distribute and use of a telephone to facilitate that possession.
- District court granted Rule 29 acquittal, concluding the government’s circumstantial case required impermissible speculation.
- Government appealed under 18 U.S.C. § 3731 and 28 U.S.C. § 1291 asking to reinstate the verdict.
- Court reviews sufficiency de novo, assessing whether any rational juror could find guilt beyond a reasonable doubt.
- Evidence was entirely circumstantial and relied on inferences from conversations and surveillance with no direct possession witnesses.
- Court ultimately affirms the district court, holding the inferential chain was too speculative to sustain guilt beyond a reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of circumstantial evidence for possession with intent to distribute | Government asserts inferences from calls and movements support guilt | Jones argues no direct evidence and inferences are speculative | Insufficient; Rule 29 affirmed |
| Whether evidence shows Jones used a telephone to facilitate the possession | Telephone calls show joint effort to obtain/cook drugs | No proof of underlying possession or explicit facilitation by Jones | Not proven beyond reasonable doubt |
| Whether aiding-and-abetting theory was preserved and appropriate | Theory should be considered on appeal | Theory was not argued below; plain-error review inappropriate | No plain error; theory not preserved; rejected even if considered |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (conviction must be supported by proof beyond a reasonable doubt)
- United States v. Moore, 572 F.3d 334 (7th Cir. 2009) (court reviews sufficiency of circumstantial proof for reasonable-doubt standard)
- United States v. Presbitero, 569 F.3d 691 (7th Cir. 2009) (de novo review of Rule 29 standard for insufficiency of evidence)
- Piaskowski v. Bett, 256 F.3d 687 (7th Cir. 2001) (limits speculative inferences; no guilt by association)
- DiNovo, United States v. DiNovo, 523 F.2d 197 (7th Cir. 1975) (constructive possession requires more than mere presence)