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. Both defendants appeal. Barnes challenges the sufficiency of the evidence as it relates to his convictions of CCE-murder and conspiracy to distribute cocaine. at 1142. Rehearing and Suggestion for Rehearing En Banc Denied Dec. 31, 1996. Having previously been in a band with Ronnie Lane, Jones was one of the founding members of the English rock group Small Faces. All rights reserved. at 1433-34. AGE 70s Jeffrey Wade Barnes Linden, VA View Full Report Aliases Used To Live In Relatives Jeffery W Barnes Jeff Barnes Five days later the government called Babadjanian to testify and Jones cross-examined him regarding the gas tank. The subsequent investigation revealed that Jones headed a substantial drug distribution operation responsible for importing at least fifty pounds of cocaine into Minnesota for resale. There was ample evidence to support the jury's verdict that Barnes murdered Duon in the furtherance of a CCE. 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. We apply the same test, discussed above, in reviewing whether the evidence was sufficient for the jury to convict Jones of CCE-murder under 21 U.S.C. Barnes also disputes the hearsay confession testimony offered by the pastor, an inmate, and Barnes' nephew. Submitted Oct. 21, 1996. Finally, Jones asserts there was insufficient evidence to support the jury's guilty verdict regarding murder while engaging in a drug conspiracy. Accordingly, when Barnes shot and killed Duon as a result of Duon's attempt to cheat Jones' CCE out of drugs or drug money, he did so in the "furtherance of" Jones' CCE within the meaning of 848(e) (1) (A). Thus, argues the government, the former is not a lesser included offense of the latter and double jeopardy is not implicated. As to all of this evidence Barnes insists the witnesses simply were not credible in light of conflicting testimony. Derek Jeter Tino Martinez Aaron Judge Gleyber Torres Miguel Andujar Mariano Rivera Luis Severino Khris Davis Matt Chapman Rickey Henderson Ken Griffey Jr. Yusei Kikuchi Justus Sheffield Ichiro Edgar Martinez Blake Snell Austin Meadows Jose Canseco Joey Gallo Nomar Mazara Ivan Rodriguez Rowdy Tellez Danny Jansen Roy Halladay Randy Johnson Zack Greinke Robbie Ray Chipper Jones Ronald Acua Jr . Select the best result to find their address, phone number, relatives, and public records. In Bruton v. United States, 391 U.S. 123, 88 S.Ct. He has said he owns a ferret named Roscoe. 848(e) (1) cannot stand because the statute imposes liability solely on the CCE "kingpin." 1995). at 443-44. See Tipton, 90 F.3d at 887. at 211, 107 S.Ct. Jeffrey Barnes, age 56, of Sadieville, Kentucky, died July 31, 2018, at his residence. Long, 900 F.2d at 1280. Duon was a cocaine dealer from Los Angeles who was temporarily staying with Kenneth Wendell Jones in Jones' St. Paul condominium. Regarding disposing of Duon's body, Russell reported that Barnes "said they threw it in an alley," and that "they set him on fire." The murder subsection of the statute imposes liability not just on a person "engaging in" the CCE, but alternatively on a person "working in furtherance of" the CCE, where he or she also either intentionally kills a person or "counsels, commands, induces, procures, or causes the intentional killing." Pastor Looney testified that Barnes referred to Duon's killing by admitting, "We did that." He was born to JoNell Watson Barnes and the late Robert Barnes on September 30, 1961. at 1493-94 (emphasis added). In contending that a defendant can be convicted twice under this statute for a single murder without violating the Double Jeopardy Clause, the government maintains that killing while engaging in a drug distribution conspiracy requires proof of a different element than killing while engaged in a CCE. 3. at 1709 n. 5. Neither the government, Jones nor Barnes called Robert to testify, but the government planned to call Babadjanian later the same day that it disclosed the FBI report to the defendants. He played college football at California and was drafted by the Raiders in the 5th round of the 1977 NFL draft. El caso se centra en los criminales Jeffrey Barnes y Kenneth Jones. 848(e)(1). In contending that a defendant can be convicted twice under this statute for a single murder without violating the Double Jeopardy Clause, the government maintains that killing while engaging in a drug distribution conspiracy requires proof of a different element than killing while engaged in a CCE. Kenneth Jones listens as his attorney addresses the court at the Bonneville County Courthouse on Thursday, Jan. 21, 2021. In Richardson v. Marsh, 481 U.S. 200, 107 S. Ct. 1702, 95 L. Ed. Kohler & Eyre CPAs Location 1883 W Royal Hunte Dr Ste 201, Cedar City, Utah, 84720, United States Description Read More Industry The jury convicted Jones on all counts charged. Because there was no explicit reference to the defendant by name and the language of the statement did not itself otherwise draw attention to the defendant or invite speculation, we held the admission to be proper. They have also lived in Pocatello, ID. Taped discussions between Jones and Barnes led authorities to others involved in drug distribution. at 788. 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. The Bruton Court reversed the conviction as a violation of the Confrontation Clause, notwithstanding the trial court's instruction to the jury that it may consider the confession only against the co-defendant. According to Jones' counsel, this argument invited the jury to disregard the court's instruction that Barnes' recitation of a hypothetical murder plan was only to be used against Barnes. Because there was no explicit reference to the defendant by name and the language of the statement did not itself otherwise draw attention to the defendant or invite speculation, we held the admission to be proper. 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. But subsequent authority teaches that Bruton is limited to that circumstance and the indistinguishable circumstance where the confession is redacted but nevertheless " [leads] the jury straight to the conclusion that [the replacement pronoun] refer [s] to [the defendant]." See id. 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. 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. 21 U.S.C. That Babadjanian installed a false tank on Duon's truck somehow reveals a motive for Babadjanian to murder Duon certainly is not intuitive, and fails to establish an alternative theory the jury might have reasonably believed. Id. We agree. 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. Jones' argument that earlier disclosure would have permitted him to locate Robert to testify on his behalf is without merit. Found 2 colleagues at The Barnes Companies. Id. We remand this case to the district court to vacate Jones' conviction on the conspiracy count. We hold the district court did not err in submitting this issue to the jury. ), cert. There, however, both in the opening statement and closing argument the prosecutor specifically argued as if the they of the redacted confession included the unnamed defendant and the confessing co-defendant. . Refine Your Search Results All Filters 1 Jeffrey Aaron Barnes, 43 Resides in Dover, DE Lived In Hyattsville MD, Philadelphia PA Related To Danielle Barnes, Ryan Barnes The way Ken Jones has written this book is like he is talking directly to his readers. Double Jeopardy: CCE-Murder and Drug Conspiracy Murder, Jones maintains the district court erred by entering convictions against him as to both intentionally killing Duon in the furtherance of a CCE and intentionally killing Duon while engaged in a conspiracy to distribute drugs.1. The jury convicted Jones on all counts charged. A ballistics expert established that the .22 caliber handgun airport police found in Barnes' baggage was the gun used to kill Duon. 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. But Marsh teaches that the issue is not whether it would be "easy" or "logical" for the jury to conclude that the co-defendant's confession was referring to the defendant. Authorities disassembled the tile floor in Jones' bathroom and discovered that blood had seeped through the grout lines and tile base and settled in the wooden subflooring. denied, 503 U.S. 976, 112 S.Ct. at 1142. The government's theory that Jones killed Duon to regain the cash or drugs is a reasonable inference from the evidence admitted against Jones and satisfies the challenged element of CCE-murder. Southern District of Mississippi (601) 965-4480. However, we find nothing in the report that demonstrates that without it, Jones would not have received a trial resulting in a verdict worthy of confidence. We review sufficiency of the evidence by considering the evidence in the light most favorable to the jury's verdicts. at 391. Neither the government, Jones nor Barnes called Robert to testify, but the government planned to call Babadjanian later the same day that it disclosed the FBI report to the defendants. 848(e)(1), the government must prove: (1) that Barnes was engaged in or working in the furtherance of Jones' CCE; (2) that Barnes intentionally killed Duon or commanded, induced, procured or caused his intentional killing; (3) that Duon's killing actually resulted; and (4) that there was a substantive connection between the killing and the CCE. title: "Database Error" ShowToc: true date: "2023-01-03" author: "Steven Desano" title: "Database Error" ShowToc: true date: "2022-12-09" author . Kohler & Eyre CPAs is part of the Accounting Services industry, and located in Utah, United States. Contact us. . P. 52(b); United States v. Olano, 507 U.S. 725, 734-35, 113 S. Ct. 1770, 1777-78, 123 L. Ed. As noted, the government recognizes that the Supreme Court's decision in Rutledge and this circuit's earlier decision in Possick establish that a dual conviction for conspiracy to distribute drugs under 846 and engaging in a CCE under 848(a) violates the Double Jeopardy Clause because the former is a lesser included offense of the latter, Jones does not here challenge the admitted hearsay testimony offered by Thomas Carter, The Court noted that it was expressing no opinion on the admissibility of confessions in which the defendant's name is replaced with a pronoun, like the confessions admitted in this case. See id. The district court entered judgment and sentenced Jones to concurrent life sentences for each of the four counts against him. 848(e) (1). Five days later the government called Babadjanian to testify and Jones cross-examined him regarding the gas tank. He said that Barnes said that the dude was running some of their work, some of their cocaine, and repeated that they killed him. Id. Although it remanded the case due to the prosecutor's attempt during his closing argument to persuade the jury to use the confession against the defendant, the Court found no fault with admission of the redacted confession. Jones argues that the FBI report is exculpatory, in that it would have permitted him to develop the theory that Babadjanian or someone else killed Duon. Thomas Jefferson "Jeff" Barnes is a Nerd Herder, specializing in Apple products. 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. 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. We apply the same test, discussed above, in reviewing whether the evidence was sufficient for the jury to convict Jones of CCE-murder under 21 U.S.C. We remand this case to the district court to vacate Jones' conviction on the conspiracy count. Barnes contests the ballistics evidence offered by ATF agent John O'Neill and O'Neill's conclusion that the firearm in Barnes' luggage was the weapon used to kill Duon. Jones particularly challenges only the fourth element of CCE-murder as outlined above: whether there was a substantive connection between the killing and the CCE. Sufficiency of Evidence: CCE-Murder and Drug Distribution Conspiracy. Geoffrey Barnes Public Records for Geoffrey Barnes Found We found 69 entries for Geoffrey Barnes in the United States. 1555, 1565, 131 L.Ed.2d 490 (1995). See United States v. Wood, 834 F.2d 1382, 1388-90 (8th Cir.1987). Id. Jones particularly challenges only the fourth element of CCE-murder as outlined above: whether there was a substantive connection between the killing and the CCE. Memorial trees planted for: Jeffrey Barnes <p>It was always easy to find Jeff Barnes. 2d 314 (1992), we found no Bruton violation where the jury learned from a co-defendant's post-arrest admission that, after the bank robbery, "everyone [in the car]" had been sprayed when the dye pack discharged, and "everyone [in the car]" was afraid. Accordingly, when Barnes shot and killed Duon as a result of Duon's attempt to cheat Jones' CCE out of drugs or drug money, he did so in the furtherance of Jones' CCE within the meaning of 848(e)(1)(A). 4. Id. This is a complete list of the biographical files that we have. Plentiful sunshine. His body had been wrapped in plastic, doused with gasoline, and set ablaze within two miles of Jones' condominium. The government must disclose evidence favorable to a defendant whether requested or not. The confessions originally included admissions that Barnes and Jones murdered Duon. Id. We review sufficiency of the evidence by considering the evidence in the light most favorable to the jury's verdicts. 848(e)(1); conspiring to distribute over five kilograms of cocaine, including over 50 grams of crack, in violation of 21 U.S.C. Since Marsh, we have had several occasions to consider the admissibility of a co-defendant's confession from which a defendant's name has been removed and replaced with a neutral pronoun. Indeed, we agree with the government that the report is generally inculpatory, rather than exculpatory. Jeff Barnes (born March 1, 1955) is a former American football linebacker. denied, 503 U.S. 976, 112 S. Ct. 1600, 118 L. Ed. Accordingly, that conviction cannot stand. Jones does not challenge the jury's finding that he headed a CCE. 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. Id. Besides his father, he is preceded in death by: a niece, Vanessa Jones Fightmaster; a brother, Mike Barnes; and a sister, Darlene Jones. Jones asserts that he is entitled to a new trial because of prosecutorial misconduct involving the use of the recorded phone conversation between Barnes and the government informant. Jones pleaded guilty to voluntary manslaughter of Stephanie Eldredge. denied, 516 U.S. 890, 116 S.Ct. Crescent 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. The government argued at trial that Barnes was the hit man Jones summoned from Los Angeles to kill Duon for $20,000 because Duon cheated Jones in a cocaine transaction, and that the two killed Duon in Jones' bathroom and later disposed of the body by setting it afire in the alley. at 26-27 (emphasis added). Since Marsh, we have had several occasions to consider the admissibility of a co-defendant's confession from which a defendant's name has been removed and replaced with a neutral pronoun. at 21. at 956. 2d 490 (1995). 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. Jones does not challenge the jury's finding that he headed a CCE. at 1493-94 (emphasis added). Without regard to Barnes' confessions linking Jones to the murder in relation to a drug deal, the evidence tends to support the conclusion that: Duon was a major drug source for Jones' CCE; on behalf of his CCE Jones paid Duon a very large sum of cash for drugs shortly before Duon's murder; and Jones acquired a very large sum of cash shortly after the murder. Marsh, 481 U.S. at 211 n. 5, 107 S.Ct. This evidence, taken together, is overwhelming and supports the jury's conclusion that Jones aided and abetted Barnes in murdering Duon Walker. denied, 510 U.S. 1018, 114 S. Ct. 618, 126 L. Ed. Copyright 2023, Thomson Reuters. The prosecutor otherwise in this context referred solely to Barnes. R. Crim. Tacit understanding--as opposed to mere presence at and knowledge of an intended drug sale--will suffice; a formal agreement is unnecessary. Of course, the very question presupposes that, if left without instruction, the jury might "easily" and "logically" apply the confession to the defendant. We distinguished Garcia because in Long the co-defendant's cross-examination of the agent "led the jury straight to the conclusion that 'someone' referred to [the defendant]." At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. In United States v. Donahue, 948 F.2d 438 (8th Cir. Find many great new & used options and get the best deals for HOW CAN YOU NOT LOOK? The government argued at trial that Barnes was the hit man Jones summoned from Los Angeles to kill Duon for $20,000 because Duon cheated Jones in a cocaine transaction, and that the two killed Duon in Jones' bathroom and later disposed of the body by setting it afire in the alley. 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. Jones does not here challenge the admitted hearsay testimony offered by Thomas Carter. at 788. 1. Health Sciences Centre Winnipeg is part of the Medical & Surgical Hospitals industry, and located in Canada. at 1489-91. After considering the evidence against Jones in the light most favorable to the jury's verdict and accepting as established all reasonable inferences that support the verdict, we find overwhelming evidence to sustain the jury's conviction of Jones. Heidi Crissey, Stillwater, MN, argued, for Kenneth Wendell Jones. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 1996) (" [T]he reach of section 848(e) extends to hired henchmen who commit murder to further a drug enterprise in which they may not otherwise be intimately involved."). Douglas Peine, St. Paul, MN, argued, for Jeffrey Lane Barnes. The Court noted that it was expressing no opinion on the admissibility of confessions in which the defendant's name is replaced with a pronoun, like the confessions admitted in this case. The cumulative effect of the solitary comment was scant. at 391. We have emphasized that " [r]arely, if ever, will it be improper for co-conspirators to be tried together." Mr. Barnes was retired from the United States Army and a veteran of the Gulf War. is our most comprehensive guide that extensively covers all the region has to offer, with recommendations for both popular and lesser-known experiences.. Swill a beer at Oktoberfest, drive the Romantic Road, and wander through the Black Forest; all with your trusted travel companion. Dr. Kenneth Barnes Mockler-Phillips Professor of Workplace Theology and Business Ethics Email: kbarnes@gcts.edu First Year at Gordon-Conwell: 2016 Biography: Prior to his academic career, Dr. Barnes spent many years as a senior international executive for several multi-billion dollar companies doing business on six continents. Barnes also disputes the hearsay confession testimony offered by the pastor, an inmate, and Barnes' nephew. UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Wendell JONES, Defendant-Appellant. A federal grand jury indicted Jones for intentionally engaging in a continuing criminal enterprise (CCE) in violation of 21 U.S.C. For the foregoing reasons we affirm Barnes' convictions on both counts. For the foregoing reasons we affirm Barnes' convictions on both counts. 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. 848(e) (1), the government must prove: (1) that Barnes was engaged in or working in the furtherance of Jones' CCE; (2) that Barnes intentionally killed Duon or commanded, induced, procured or caused his intentional killing; (3) that Duon's killing actually resulted; and (4) that there was a substantive connection between the killing and the CCE. 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. As to all of this evidence Barnes insists the witnesses simply were not credible in light of conflicting testimony. See Rutledge v. United States, --- U.S. ----, 116 S. Ct. 1241, 134 L. Ed. 608(b) (restricting admission of extrinsic evidence of a collateral matter to attack credibility). Russell Barnes testified that [Jeffrey Barnes] said [Duon] tried to jack them for some work, some of the dope. Another witness identified the defendant as the man who met the co-defendant in the alley on that particular date. 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. ANY HOCKEY LIST $1 TO $2 - ROOKIES / STARS, INSERTS at the best online prices at eBay! Id. Nos. (emphasis added). 2d 164 (1995). 1 . En una noche de verano de 1990, el cuerpo de un presunto camello empieza a arder en un callejn de Minnesota. A private service will be held at a later date. Barnes contests the ballistics evidence offered by ATF agent John O'Neill and O'Neill's conclusion that the firearm in Barnes' luggage was the weapon used to kill Duon. 2d 508 (1993). at 26-27 (emphasis added). 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. He also lists certain witnesses who questioned the veracity of the government's three confession witnesses. ER 2002-05 . 19 F.3d 1154, 1164-65 (7th Cir.1994). 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. 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. ), cert. 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. The jury convicted Barnes of CCE-murder and of conspiring to distribute cocaine. Contents 1 History 1.1 1980-1984: Heartland Several tracks are plucked from Lerche's back catalogue, including "Modern Nature" (2002's Faces Down), the Elvis Costello-penned "Huma See United States v. Tipton, 90 F.3d 861, 887 (4th Cir.1996). 2. Ken Adlington: David Barrass: 1995-1997 Douglas McFerran: Joan Barnes: Sally Sheridan: 1997 Joanna Barton: Fiona MacPherson: 1996-1997 Colin Batty: Andrew Livingston: 1997 Jimmy Batty: Jack Marsden: 1997 Charlie Cairns: Sarah Graham: 1997 DI Cooke: Susie Baxter: 1997 Greg Cox: Danny Seward: 1997 Anne Cullen: Heather Peace: 1997 DI Farrar . In closing argument the government used Barnes' recorded statement to the informant as to how to eliminate another drug dealer. 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