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United States v. Jeffrey Jones
Citations: 27 F.3d 50; 1994 U.S. App. LEXIS 15139; 1994 WL 268227Docket: 477
Court: Court of Appeals for the Second Circuit; June 17, 1994; Federal Appellate Court
Jeffrey Jones appeals his conviction from the United States District Court for the Eastern District of New York for conspiracy to commit robbery, possession of a firearm in relation to a violent crime, and possession of a firearm by a convicted felon. The convictions were based on a July 26, 1991 incident where Jones and associates attempted to rob an armored car. During the attempt, Jones hid behind a vehicle while a member of his group rushed armed guards. Jones was later apprehended with a firearm found under the vehicle, and he admitted to placing the gun there prior to his arrest. The district court classified him as a career offender and imposed a 210-month sentence for counts one and three, with an additional 60 months for count two, to be served consecutively. On appeal, Jones contends that the jury instructions regarding withdrawal from the conspiracy were too restrictive, impacting the jury's ability to assess the evidence. Although his trial counsel initially proposed a specific instruction, a compromise charge was ultimately agreed upon. The record raises ambiguity regarding whether Jones preserved this issue for appeal, but he may still argue that the instruction given constitutes plain error. The appellate court affirmed the conviction but vacated the sentence for count three, remanding for resentencing. The district court's instruction to the jury regarding Jones' withdrawal from a conspiracy was upheld, emphasizing that he needed to take definitive actions to disavow his involvement and communicate this to co-conspirators. Citing precedents, it was clarified that mere cessation of conspiratorial activity is insufficient. The court found that the instruction was consistent with established legal standards, which require affirmative acts that contradict the conspiracy's objectives. Jones' argument against the use of a prior conviction for career offender classification was rejected, as he had legal representation in that case. According to Supreme Court rulings, without a lack of counsel, defendants cannot challenge prior convictions during federal sentencing. Additionally, it was noted that although Jones contested a 210-month sentence for count three exceeding the statutory maximum of 120 months, the government conceded this error. Consequently, the sentence was vacated, and the case was remanded for correction, while the district court's judgment was affirmed in other aspects.