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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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