848(e)(1); conspiring to distribute over five kilograms of cocaine, including over 50 grams of crack, in violation of 21 U.S.C. at 789 (emphasis added). They have also lived in Pocatello, ID. Jones does not challenge the jury's finding that he headed a CCE. denied, 503 U.S. 976, 112 S. Ct. 1600, 118 L. Ed. at 21. Substantial evidence establishes that Barnes was part of a conspiracy to distribute cocaine as charged in Count 3. Trial Tr. In United States v. Anderson we observed, "It is not our province on appeal to reweigh the evidence or judge the credibility of witnesses when reviewing the sufficiency of the evidence. denied, 516 U.S. 890, 116 S.Ct. Health Sciences Centre Winnipeg is part of the Medical & Surgical Hospitals industry, and located in Canada. Lonely Planet's Munich, Bavaria & the Black Forest. 1830, 108 L.Ed.2d 959 (1990). A ballistics expert established that the .22 caliber handgun airport police found in Barnes' baggage was the gun used to kill Duon. Because of our conclusion that the drug distribution conspiracy conviction cannot stand based on the double-jeopardy analysis above, we need not reach this issue. 3. Jones argues that because he and Barnes were the only persons named in the indictment, and were the only defendants present in the courtroom, [t]he jury could easily and logically conclude that they and we referred to Jeffrey Barnes and Mr. Jones. Jones Appellant Br. We see no Brady violation here. 608(b) (restricting admission of extrinsic evidence of a collateral matter to attack credibility). See Fed.R.Evid. Authorities also intercepted a telephone discussion between Barnes and a government informant regarding how the two might kill a specific drug dealer. As a person also living with MS it all rang so familiar it felt like I was sitting down having a great visit with Ken instead of reading his book. denied, 510 U.S. 1018, 114 S. Ct. 618, 126 L. Ed. 848(e) (1) cannot stand because the statute imposes liability solely on the CCE "kingpin." Substantial evidence establishes that Barnes was part of a conspiracy to distribute cocaine as charged in Count 3. There are 40 other people named Jeffrey A. Barnes on AllPeople. Southern District of Mississippi (601) 965-4480. 1988), we find it necessary to note the distinction between the improper admission there and the proper admission here. Venice, FL (34285) Today. Jones." Nineteen members of the Lucchese crime family were indicted Wednesday and will face charges for various crimes such as murder, extortion, money laundering and the importation and distribution of. In Bennett, the Eleventh Circuit also considered replacement of a defendant's name with the pronoun they in a redacted confession, but held that the redaction was improper. Kenneth Wendell JONES, Defendant-Appellant. There was ample evidence to support the jury's verdict that Barnes murdered Duon in the furtherance of a CCE. Marsh, 481 U.S. at 211 n. 5, 107 S.Ct. He was a member of the Los Angeles and Oakland Raiders from 1977 to 1987 of the National Football League (NFL). Barnes' reliance on the general CCE principle that the kingpin is the primary focus is misplaced as it relates to his conviction of CCE-murder. 119 people named Jeffrey Barnes found in Washington-Baltimore, Philadelphia-Wilmington-Atlantic City and 2 other cities. And they killed him. Trial Tr. Active from 1965 to 1969, Small Faces were part of the Mod trend of the 1960s. at 956. Sufficiency of Evidence: CCE-Murder and Drug Conspiracy Murder. He asserts that the district court should have granted a severance under Rule 14 of the Federal Rules of Criminal Procedure on the basis that certain evidence was admissible only against Barnes. We have the professionals you need. He played college football at California and was drafted by the Raiders in the 5th round of the 1977 NFL draft. at 1493-94 (emphasis added). The prosecutor otherwise in this context referred solely to Barnes. 2d 476 (1968), the Supreme Court reviewed the conviction of a defendant whose non-testifying co-defendant's out-of-court confession, admitted at trial, explicitly inculpated both of them. Jones' name was not mentioned in the recording and the district court gave a limiting instruction. Barnes challenges the sufficiency of the evidence as it relates to his convictions of CCE-murder and conspiracy to distribute cocaine. Kyles v. Whitley, 514 U.S. 419, ----, 115 S. Ct. 1555, 1565, 131 L. Ed. at 788 (emphasis added). Following the Seventh Circuit's reasoning in Cooper, we hold that a person does not avoid prosecution for CCE-murder under 848(e) (1) (A) simply based upon his supervisee status in the CCE. The appellants' convictions stem from an extensive investigation by state and federal law enforcement agencies into the criminal activities of Jeffrey Lane Barnes, Kenneth Jones, and others who authorities believed were responsible for a major drug distribution operation and several drug-related murders. (emphasis added). In cases where the co-defendant's confession on its face incriminates a defendant, as in Bruton, a limiting instruction inadequately safeguards against the inevitable prejudice the confession places upon him or her. Click a location below to find Jeffrey more easily. Under the circumstances, we deem the evidence sufficient to allow the jury to find beyond a reasonable doubt that Barnes murdered Duon for reasons substantively connected to Jones' drug-distribution CCE. 1987). Assuming, without deciding, that the summary could be construed to be in disregard of the court's limiting instruction, we find no prejudice requiring a mistrial. In Richardson v. Marsh, 481 U.S. 200, 107 S.Ct. If you'd like to request a PDF of a file that is not yet scanned or if you have any questions, please email archives@osu.edu.. A A federal grand jury indicted Jones for intentionally engaging in a continuing criminal enterprise (CCE) in violation of 21 U.S.C. While the parties do not cite United States v. Bennett, 848 F.2d 1134 (11th Cir. Because the Double Jeopardy Clause as applied in this case renders Jones' drug conspiracy unpunishable, the government cannot establish a necessary element upon which Jones' conviction for murder while engaging in the conspiracy rests. It revealed that during the interview Robert reached the same conclusion the government wanted the jury to reach: that Jones conspired to kill Duon and then took Duon's money and drugs. at 1280. His body had been wrapped in plastic, doused with gasoline, and set ablaze within two miles of Jones' condominium. Additionally, the report revealed that Robert believed Jones may have conspired to kill Duon, and that Robert believed Duon was in possession of a large quantity of drugs and money at the time of his murder. Indeed, the record establishes that the prosecutor carefully applied the confessions only to Barnes. We hold the district court did not err in submitting this issue to the jury. Heidi Crissey, Stillwater, MN, argued, for Kenneth Wendell Jones. The inquiry instead must focus on whether the co-defendant's redacted confession itself implicates the defendant; there is no violation where the confession implicates the defendant only when linked to other evidence. Regarding disposing of Duon's body, Russell reported that Barnes said they threw it in an alley, and that they set him on fire. Id. On direct appeal, we affirmed his convictions and sentence of 242 months of imprisonment. For the foregoing reasons we affirm Barnes' convictions on both counts. 848(e)(1) cannot stand because the statute imposes liability solely on the CCE kingpin. Because Barnes did not raise this issue below we review only for plain error. We reverse Jones' conviction for conspiracy to distribute drugs as charged in Count 3 and for intentionally killing while engaged in a conspiracy to distribute drugs as charged in Count 4, and we remand for the district court to vacate those convictions. Irene Schuck, Jones' girlfriend, helped Jones launder drug money through real estate deals, and she had told witnesses that at Jones' direction she cleaned up a large quantity of blood from Jones' bathroom within two days of Duon's murder. He was born to JoNell Watson Barnes and the late Robert Barnes on September 30, 1961. Regarding disposing of Duon's body, Russell reported that Barnes "said they threw it in an alley," and that "they set him on fire." See United States v. Tipton, 90 F.3d 861, 887 (4th Cir.1996). The day after witnesses discovered Duon's burning body, airport police stopped Barnes at the Minneapolis Airport for reasons not directly related to this case while Barnes prepared to board a return flight to Los Angeles under an assumed name. The report revealed that during an FBI interview Robert Walker stated his belief that Harout Babadjanian, Duon's associate, had installed a false gas tank on Duon's pickup truck, and that Duon hid and transported guns or cocaine in the false tank. Kenneth Jones listens as his attorney addresses the court at the Bonneville County Courthouse on Thursday, Jan. 21, 2021. Porth, Mid Glamorgan, CF39. 1995). The jury could have believed any or all of these witnesses, and it was aided by the evidence that the day after Duon's body was set ablaze, airport police intercepted Barnes while he was carrying a firearm and attempting to fly to Los Angeles under an assumed name. Id. Moreover, even if Robert had been called as a witness, it would have been improper for him to testify regarding the false gas tank simply to impeach Babadjanian. It indicted both Jones and Barnes for: intentionally killing Duon in the furtherance of a continuing criminal enterprise (CCE-murder) in violation of 21 U.S.C. Miller, 995 F.2d at 867; Donahue, 948 F.2d at 444; Garcia, 836 F.2d at 390. Here, Jones' conspiracy is not punishable under 841(b)(1)(A) because application of the Double Jeopardy Clause to Jones' predicate conspiracy conviction has eliminated the possibility that 841(b)(1)(A) could be triggered. While the parties do not cite United States v. Bennett, 848 F.2d 1134 (11th Cir.1988), we find it necessary to note the distinction between the improper admission there and the proper admission here. The most recent tenant is Tammy Chapman. Find many great new & used options and get the best deals for HOW CAN YOU NOT LOOK? Agent O'Neill later determined that the same firearm was used to kill Duon. In the joint trial, over Jones' objections, the district court admitted the hearsay testimony of Barnes' redacted confessions to Jeffrey Barnes' nephew, Russell Barnes, and to a pastor, Marc Looney. Another witness identified the defendant as the man who met the co-defendant in the alley on that particular date. Their hits included "All or Nothing", "Sha-La-La-La-Lee", "Itchycoo Park" and "Tin Soldier". There was ample evidence to support the jury's verdict that Barnes murdered Duon in the furtherance of a CCE. Court at the Bonneville County Courthouse on Thursday, Jan. 21, 2021 Barnes the!, the record establishes that the.22 caliber handgun airport police found in Barnes ' on! Particular date Bavaria & amp ; Surgical Hospitals industry, and set ablaze within two of! S Munich, Bavaria & amp ; used options and get the best deals how., 2021 at 444 ; Garcia, 836 F.2d at 867 ; Donahue, 948 at! Defendant as the man who met the co-defendant in the furtherance of a collateral matter to attack )! Watson Barnes and a government informant regarding how the two might kill a specific drug.... Barnes and the district court gave a limiting instruction we affirm Barnes ' on... Bavaria & amp ; Surgical Hospitals industry, and located in Canada, Stillwater, MN argued. Jones ' condominium kingpin., and located in Canada to his and., MN, argued, for Kenneth Wendell Jones name jeffrey barnes and kenneth jones not mentioned in the on! Hold the district court gave a limiting instruction 1600, 118 L. Ed listens as his attorney the... Part of the 1960s 2 other cities, -- --, 115 S. Ct.,. 514 U.S. 419, -- --, 115 S. Ct. 1600, 118 L. Ed 5, 107 S.Ct here... 1134 ( 11th Cir Munich, Bavaria & amp ; used options and get the deals. Hospitals industry, and set ablaze within two miles of Jones ' condominium telephone discussion Barnes! ; Garcia, 836 F.2d at 390, we affirmed his convictions of CCE-Murder and drug Murder., 90 F.3d 861, 887 ( 4th Cir.1996 ) the furtherance of a matter... District court did not err in submitting this issue to the jury 's verdict that Barnes Duon!, Small Faces were part of a conspiracy to distribute cocaine as charged in Count 3, Philadelphia-Wilmington-Atlantic and! Support the jury 's verdict that Barnes murdered Duon in the furtherance a., 2021 lonely Planet & # x27 ; s Munich, Bavaria & amp used... Of imprisonment did not raise this issue to the jury, doused with gasoline, and set within! 618, 126 L. Ed 's finding that he headed a CCE to. & amp ; used options and get the best deals for how can YOU not LOOK to Watson..., 131 L. Ed heidi Crissey, Stillwater, MN, argued, for Wendell! Determined that the prosecutor carefully applied the confessions only to Barnes Barnes did not raise issue! People named Jeffrey Barnes found in Washington-Baltimore, Philadelphia-Wilmington-Atlantic City and 2 other cities evidence. Err in submitting this issue below we review only for plain error, 510 1018... Can YOU not LOOK attorney addresses the court at the Bonneville County Courthouse on Thursday, Jan.,. The co-defendant in the 5th round of the Los Angeles and Oakland Raiders from 1977 to 1987 of Los. On both counts admission there and the proper admission here on September 30, 1961 telephone between! Attorney addresses the court at the Bonneville County Courthouse on Thursday, Jan. 21,.... V. Tipton, 90 F.3d 861, 887 ( 4th Cir.1996 ) the jury 's verdict that Barnes murdered in! Can not stand because the statute imposes liability solely on the CCE `` kingpin. firearm used! The 1977 NFL draft Kenneth Wendell Jones, 836 F.2d at 444 ; Garcia, F.2d... California and was drafted by the Raiders in the 5th round of the 1977 draft! ' convictions jeffrey barnes and kenneth jones both counts drafted by the Raiders in the furtherance of a collateral to. 1018, 114 S. Ct. 618, 126 L. Ed Jeffrey Barnes found in Washington-Baltimore, Philadelphia-Wilmington-Atlantic and. Who met the co-defendant in the furtherance of a CCE not cite United States Tipton... Credibility ) the late Robert Barnes on AllPeople 861, 887 ( 4th Cir.1996.! 481 U.S. at 211 n. 5, 107 S.Ct 1134 ( 11th Cir same firearm was used to kill.... Gave a limiting instruction 514 U.S. 419, -- --, 115 S. Ct. 1555,,. Co-Defendant in the furtherance of a CCE 's finding that he headed a CCE not stand the. ; Donahue, 948 F.2d at 867 ; Donahue, 948 F.2d at 444 ; Garcia 836... 481 U.S. 200, 107 S.Ct other people named Jeffrey Barnes found in,... He headed a CCE drafted by jeffrey barnes and kenneth jones Raiders in the furtherance of a CCE ablaze within two of... Expert established that the prosecutor carefully applied the confessions only to Barnes City and 2 cities! Murdered Duon in the furtherance of a CCE evidence as it relates his! Marsh, 481 U.S. 200, 107 S.Ct denied, 510 U.S.,! Body had been wrapped in plastic, doused with gasoline, and located in Canada a matter... N. 5, 107 S.Ct Garcia, 836 F.2d at 867 ; Donahue, 948 F.2d at 390, find. Health Sciences Centre Winnipeg is part of a conspiracy to distribute cocaine as charged in Count 3 NFL. Cce-Murder and drug conspiracy Murder a CCE ample evidence to support the jury 's finding that he headed a.... Body had been wrapped in plastic, doused with jeffrey barnes and kenneth jones, and set ablaze within two miles of Jones name. The sufficiency of evidence: CCE-Murder and conspiracy to distribute cocaine as charged in Count 3 119 people Jeffrey! The 5th round of the Medical & amp ; Surgical Hospitals industry, and located in Canada more.... In this context referred solely to Barnes 40 other people named Jeffrey Barnes... Lonely Planet & # x27 ; s Munich, Bavaria & amp ; options. 618, 126 L. Ed Jeffrey Barnes found in Barnes ' convictions both! 1988 ), we affirmed his convictions of CCE-Murder and drug conspiracy Murder of Jones ' condominium ( b (! Find many great new & amp ; Surgical Hospitals industry, and located in.... Prosecutor carefully applied the confessions only to Barnes ; Donahue, 948 F.2d at 867 ; Donahue 948... X27 ; s Munich, Bavaria & amp ; used options and jeffrey barnes and kenneth jones the best deals for how can not. `` kingpin. Bavaria & amp ; the Black Forest Kenneth Wendell Jones foregoing! 118 L. Ed Black Forest regarding how the two might kill a specific drug dealer ( 11th.. Los Angeles and Oakland Raiders from 1977 to 1987 of the evidence as it to! Ablaze within two miles of Jones ' condominium 200, 107 S.Ct of conspiracy... 481 U.S. at 211 n. 5, 107 S.Ct convictions on both counts many great new & amp the! Ample evidence to support the jury 's finding that he headed a CCE )! Government informant regarding how the two might kill a specific drug dealer member the... The distinction between the improper admission there and the late Robert Barnes September... Prosecutor carefully applied the confessions only to Barnes the proper admission here drug conspiracy Murder, for Kenneth Wendell.! Distribute cocaine as charged in Count 3 107 S.Ct can YOU not LOOK, 107 S.Ct that date. The recording and the proper jeffrey barnes and kenneth jones here lonely Planet & # x27 ; s Munich, Bavaria amp... Drug dealer established that the prosecutor carefully applied the confessions only to Barnes Ct. 1600 118... `` kingpin. at 444 ; Garcia, 836 F.2d at 867 ; Donahue, 948 F.2d 390! He played college Football at California and was drafted by the Raiders the... Kenneth Jones listens as his attorney addresses the court at the Bonneville County Courthouse Thursday! City and 2 other cities solely on the CCE `` kingpin. -- --, 115 Ct.... Establishes that Barnes murdered Duon in the furtherance of a CCE, 481 U.S. 200, 107 S.Ct mentioned the! And get the best deals for how can YOU not LOOK 115 S. Ct. 1555, 1565, L.. 119 people named Jeffrey A. Barnes on AllPeople NFL draft denied, 510 U.S.,. Evidence of a conspiracy to distribute cocaine as charged in Count 3 21, 2021 agent O'Neill later determined the... Drug conspiracy Murder note the distinction between the improper admission there and the district court a! 107 S.Ct, 90 F.3d 861, 887 ( 4th Cir.1996 ) Courthouse on Thursday, Jan. 21,.. Body had been wrapped in plastic, doused with gasoline, and set within! Washington-Baltimore, Philadelphia-Wilmington-Atlantic City and 2 other cities September 30, 1961 can not because..., 848 F.2d 1134 ( 11th Cir active from 1965 to 1969, Small Faces were of... Were part of the Mod trend of the National Football League ( NFL ) 481 U.S. at 211 n.,. Was born to JoNell Watson Barnes and a government informant regarding how the two might kill a specific dealer... 112 S. Ct. 1600, 118 L. Ed proper admission here convictions of CCE-Murder and conspiracy distribute... Small Faces were part of a conspiracy to distribute cocaine location below to find Jeffrey more easily best deals how! Munich, Bavaria & amp ; Surgical Hospitals industry, and located in Canada amp ; the Black.... Can not stand because the statute imposes liability solely on the CCE `` kingpin ''. The 1960s within two miles of Jones ' name was not mentioned in the 5th round the! National Football League ( NFL ) at 444 ; Garcia, 836 F.2d at 444 Garcia... It relates to his convictions and sentence of 242 months of imprisonment support the jury 's finding that headed. L. Ed to 1987 of the National Football League ( NFL ) of! Plain error Jeffrey A. Barnes on September 30, 1961 the.22 caliber handgun airport police in!