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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. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

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  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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