United States v. Yusuf Jones
695 F. App'x 163
| 8th Cir. | 2017Background
- At ~2:10 a.m. July 12, 2015, Des Moines officers followed a Pontiac leaving a club after hearing a noise; the vehicle stopped in a parking lot adjacent to a white car.
- Yusuf Jones exited the Pontiac, ran ~20–25 feet, and was apprehended; officers observed him reach into his waistband and saw a dark object and/or what appeared to be a firearm; one officer heard something drop.
- Officers searched the immediate area, probed a patch of tall grass along Jones’s flight path, and a firearm was found buried in the grass 23 minutes after Jones’s arrest.
- Jones was in a squad car during the search and became noticeably agitated when the firearm was located.
- Jones was charged and convicted under 18 U.S.C. § 922(g)(1) for being a prohibited person in possession of a firearm; district court sentenced him to 48 months; he moved for judgment of acquittal or a new trial, which was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to show possession | Jones: officer testimony conflicted; police report omitted details; DNA inconclusive; no fingerprints; adjacent-car occupants not questioned — evidence insufficient to prove possession beyond a reasonable doubt | Government: officer observations, contemporaneous conduct (reaching waistband, dropping object), recovered firearm along flight path, and Jones’s agitation support a reasonable inference of actual possession and discard | Affirmed: viewing evidence in government’s favor, a reasonable jury could find Jones had and discarded the firearm during flight |
| Motion for new trial / weight of evidence | Jones: same factual challenges show verdict is against weight of evidence, warranting a new trial | Government: credibility and factual disputes are for the jury; district court carefully weighed evidence and found no miscarriage of justice | Affirmed: district court did not abuse discretion in denying new trial; weight-of-evidence motions disfavored |
Key Cases Cited
- United States v. Harris-Thompson, 751 F.3d 590 (8th Cir.) (standard for reviewing sufficiency of the evidence)
- United States v. Haney, 23 F.3d 1413 (8th Cir.) (credibility determinations are entrusted to the jury)
- United States v. Thibeaux, 784 F.3d 1221 (8th Cir.) (appellate review resolves credibility issues in favor of the verdict)