United States v. Victor Jones
662 F. App'x 486
| 8th Cir. | 2016Background
- Jones was arrested after controlled calls and surveillance; officers found two packages of methamphetamine in a room at Miller’s residence: a six‑ounce bag in Jones’s black bag and a one‑kilogram package in a desk drawer (total 1,074.70 g actual methamphetamine by lab analysis).
- Jones pleaded guilty to possession with intent to distribute ≥500 g mixture / ≥50 g actual methamphetamine but admitted only to the six‑ounce package; he objected to attributing the kilo to him for Guidelines purposes.
- Law enforcement testimony (Officer Ballantini) tied Jones to the kilo through corroborating facts: Ausborn and Miller identified Jones as the source, text messages and recorded calls indicated kilo‑level transactions, cell‑phone pings placed Jones at Miller’s residence, and physical evidence (black bag, packaging, scale, cash, matching Ziploc bags) was consistent with distribution.
- The PSR attributed 1,074.70 g to Jones, yielding a base offense level 34; court reduced two levels for acceptance of responsibility and, with a criminal history category V, set the Guidelines range at 188–235 months and sentenced Jones to 188 months (bottom of range).
- Jones also challenged three criminal‑history points assigned for a 1988 Iowa robbery conviction, arguing under state law his robbery term effectively discharged earlier and thus should fall outside the 15‑year Guidelines look‑back; the PSR/IDOC records and Iowa statutes showed consecutive sentences were a single continuous term, with parole in 2000 falling within the 15‑year window.
Issues
| Issue | Jones's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether district court erred in attributing 1,074.70 g of methamphetamine to Jones for Guidelines calculation | Attribution rested on unreliable, uncorroborated hearsay (Miller/Ausborn); only admitted six ounces; needed live testimony/cross‑examination | Officer Ballantini’s testimony and multiple corroborating facts provided sufficient indicia of reliability to attribute the kilo to Jones | Affirmed — court may consider reliable hearsay at sentencing; the record provided substantial corroboration and no clear error in drug‑quantity finding |
| Whether three criminal history points for 1988 robbery should be excluded because the robbery sentence was discharged before the 15‑year look‑back period | Under Iowa law consecutive sentences run sequentially so robbery term ended in 1998; thus it falls outside the 15‑year period | IDOC records, probation testimony, and Iowa statutes show consecutive sentences were one continuous term; parole in 2000 falls within 15 years | Affirmed — robbery sentence extended into the 15‑year look‑back and properly counted for three criminal history points |
Key Cases Cited
- United States v. Colbert, 828 F.3d 718 (8th Cir. 2016) (standard of review for district court drug‑quantity findings)
- United States v. Gonzalez–Rodriguez, 239 F.3d 948 (8th Cir. 2001) (clear‑error standard quotation on factfinding)
- United States v. Wise, 976 F.2d 393 (8th Cir. 1992) (Guidelines §6A1.3 hearsay standard and Confrontation Clause discussion)
- United States v. Moralez, 808 F.3d 362 (8th Cir. 2015) (sentencing reliance on hearsay requires indicia of reliability)
- United States v. Tucker, 286 F.3d 505 (8th Cir. 2002) (hearsay at sentencing sustained if reliable)
- United States v. Alvarez, 168 F.3d 1084 (8th Cir. 1999) (law‑enforcement testimony about co‑defendant statements can support drug‑quantity attribution)
- United States v. Waddell, 831 F.3d 958 (8th Cir. 2016) (government must prove disputed PSR facts by preponderance when defendant objects)
- United States v. Renfrew, 957 F.2d 525 (8th Cir. 1992) (courts may look to state law to determine when a state sentence expired)