7th Circuit upholds drug convictions, remands for resentencing

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The 7th Circuit Court of Appeals affirmed three defendants’ convictions stemming from a cocaine distribution ring in Indianapolis but found that there were errors in sentencing the defendants.

Kenneth Jones, Devon Young and Elisha Drake were connected to Ramone Mockabee through FBI and Indianapolis Metropolitan Police Department investigations. The investigators wiretapped phones, including that of Mockabee, considered a leader of the drug distribution ring. These conversations, along with evidence obtained following a search of Jones’ home, supported the government’s charges against the defendants. Jones, Young and Drake went to trial and were convicted. Mockabee pleaded guilty.

In the consolidated appeals of United States of America v. Kenneth Jones, Ramone Mockabee, Devon Young and Elisha Drake, 11-2267, 11-2288, 11-2535, 11-2687, the 7th Circuit affirmed Jones’, Young’s and Drake’s convictions. The judges found no error in denying Jones’ pre-trial motion to suppress evidence found at an Indianapolis home, finding investigators provided sufficient evidence to the magistrate issuing the warrant that the address was a residence of Jones.

The judges also found sufficient evidence to support the finding Jones has a substantial connection to that Indianapolis address and the crack cocaine located in it. And while the District Court erred under Federal Rules of Evidence 702 and 704 in admitting a detective’s testimony concerning the meaning of drug-related telephone conversations involving Drake, it was a harmless error as to Drake. The government also presented sufficient evidence to establish that Young conspired to distribute crack cocaine.

But the 7th Circuit found sentencing errors related to Mockabee, Jones and Drake. The government admitted an error occurred when Jones was denied his request to be sentenced under the Fair Sentencing Act of 2010, because it applied to him at the time of sentencing. Mockabee should have been sentenced under the 2009 version of the guidelines in place at the time the crimes were committed instead of the 2010 version in place at sentencing. The more recent version provides for a higher sentencing guideline range, so he must be resentenced. The judges rejected his argument that the District Court erred in applying a four-level sentence enhancement based on the finding he was a leader or organizer of the criminal activity.

Drake must be resentenced based on Alleyne v. United States, 133 S.Ct. 2151, 2155 (2013), which held that any fact that increases the mandatory minimum is an element of the crime that must be submitted to the jury. The jury failed to make specific findings regarding the drug quantities, which increased her mandatory minimum sentence by 10 years.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...