Indeed, we agree with the government that the report is generally inculpatory, rather than exculpatory. 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. at 1280. In contrast, in United States v. Long, 900 F.2d 1270 (8th Cir.1990), we held that a co-defendant's statement to an FBI agent replacing the defendant's name with someone was improperly admitted under Bruton. Stay up-to-date with how the law affects your life. at 211, 107 S.Ct. Jeffrey Barnes We found 15 records for Jeffrey Barnes in VA, WV and 9 other states. On direct appeal, we affirmed his convictions and sentence of 242 months of imprisonment. Nos. 2d 419 (1996) (holding that conspiracy to distribute drugs under 846 is a lesser included offense of engaging in a CCE under 848 and that only one judgment may be entered where a defendant is convicted of both for the same agreement); see also United States v. Possick, 849 F.2d 332, 341 (8th Cir. 1987). He gives a very good look into the struggles, denials, embarrassments, EVERYTHING that comes with MS. denied, --- U.S. ----, 116 S. Ct. 208, 133 L. Ed. Barnes moved to Minnesota, and in late 1993, FBI agents obtained authorization to wiretap Jones' and Barnes' residences, and recorded discussions regarding cocaine dealing and murder. United States v. Malone, 49 F.3d 393, 397 (8th Cir. In Bruton v. United States, 391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. Russell testified that, according to Jeffrey Barnes, Duon tried to jack them for some work, some of the dope. A ballistics expert established that the .22 caliber handgun airport police found in Barnes' baggage was the gun used to kill Duon. All apartments in Dyersburg. 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. Their hits included "All or Nothing", "Sha-La-La-La-Lee", "Itchycoo Park" and "Tin Soldier". 846, the government must prove: (1) that there was a conspiracy, i.e., an agreement to distribute cocaine; (2) that Barnes knew of the conspiracy; and (3) that Barnes intentionally joined the conspiracy. Particularly, he points to the failure of two ballistic experts to conclude definitely that Barnes' .22 caliber handgun was the same .22 caliber handgun fired into Duon's head. We find no prejudice here. Just prior to June 24, Jeffrey Lane Barnes had also come to Minnesota from his home in Los Angeles. Over two years passed, but law enforcement authorities failed to solve Duon's murder. In cases where the co-defendant's confession on its face incriminates a defendant, as in Bruton, a limiting instruction inadequately safeguards against the inevitable prejudice the confession places upon him or her. Free shipping for many products! 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. 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. at 1489-91. . 1241, 134 L.Ed.2d 419 (1996) (holding that conspiracy to distribute drugs under 846 is a lesser included offense of engaging in a CCE under 848 and that only one judgment may be entered where a defendant is convicted of both for the same agreement); see also United States v. Possick, 849 F.2d 332, 341 (8th Cir.1988) (same). Authorities also intercepted a telephone discussion between Barnes and a government informant regarding how the two might kill a specific drug dealer. 21 U.S.C. U.S. v. Jelinek, 57 F.3d 655 (8th Cir. at 211, 107 S. Ct. at 1709.3. The court gave the defendants time to prepare to cross-examine Babadjanian by postponing Babadjanian's appearance. at 956. 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. The cause of Duon's death was three gunshots to the head at close range with a .22 caliber handgun. We hold the district court did not err in submitting this issue to the jury. Authorities also intercepted a telephone discussion between Barnes and a government informant regarding how the two might kill a specific drug dealer. First, we decided United States v. Garcia, 836 F.2d 385 (8th Cir. The jury convicted Jones on all counts charged. The prosecutor otherwise in this context referred solely to Barnes. 1. See United States v. Shaw, 94 F.3d 438 (8th Cir. 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. Barnes and Jones each raise several grounds of error. Find many great new & used options and get the best deals for HOW CAN YOU NOT LOOK? Jeff "J-Dog" Barnes, 63, of Vine Grove, KY passed away Tuesday, February 21, 2023. at 1493-94 (emphasis added). First, he does not contend that he ever attempted to locate Robert, even after he received the report. The cause of Duon's death was three gunshots to the head at close range with a .22 caliber handgun. Miller, 995 F.2d at 867; Donahue, 948 F.2d at 444; Garcia, 836 F.2d at 390. Russell Barnes testified that " [Jeffrey Barnes] said [Duon] tried to jack them for some work, some of the dope. Barnes argues that his conviction of CCE-murder under 21 U.S.C. 1535 E Broomfield St Ste A, Mount Pleasant, MI, 48858 4 other locations (989) 772-3339 OVERVIEW Dr. Barnes earned his undergraduate degree at Michigan State University. EVERY Box will Contain At Least 1 Michael Jordan Card Every Card Pictured is inserted into this Series of Boxes! Jones argues there was insufficient evidence to convict him of CCE-murder. He is portrayed by Scott Krinsky . As to all of this evidence Barnes insists the witnesses simply were not credible in light of conflicting testimony. Heidi Crissey, Stillwater, MN, argued, for Kenneth Wendell Jones. Id. at 1142. A jury convicted Jeffrey Lane Barnes of several drug-related crimes as charged in a federal indictment. Indeed, the concern answered by Bruton and clarified in Marsh is whether a court's instruction to apply a confession only to the declarant is adequate to constrain the jury to do so. 608(b) (restricting admission of extrinsic evidence of a collateral matter to attack credibility). In United States v. Donahue, 948 F.2d 438 (8th Cir. ), cert. A. 618, 126 L.Ed.2d 583 (1993), the confession as presented at trial referred to persons in Minnesota instead of to the defendant by name or by suggestion. 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. See id. at 1709 n. 5. Jeffrey Daniel Barnes, 63 Resides in Dallas, TX Lived In North Richland Hills TX, Arlington TX, Midland TX, Amarillo TX Related To Susan Barnes, Crickit Barnes, Wanda Barnes, James Barnes, Donna Barnes Also known as Jeff D Barnes, Jerrery D Barnes, Jeff Barnea Includes Address (7) Phone (4) Email (5) See Results Jeffrey Duane Barnes, 51 Substantial evidence establishes that Barnes was part of a conspiracy to distribute cocaine as charged in Count 3. Finally, Jones asserts there was insufficient evidence to support the jury's guilty verdict regarding murder while engaging in a drug conspiracy. ), cert. His body had been wrapped in plastic, doused with gasoline, and set ablaze within two miles of Jones' condominium. 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. Jones asserts that the only proof of a nexus between the murder and the CCE arises from Barnes' hearsay confessions, which must be applied only against Barnes. Tacit understanding-as opposed to mere presence at and knowledge of an intended drug sale-will suffice; a formal agreement is unnecessary. 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. Agent O'Neill later determined that the same firearm was used to kill Duon. Additionally, the government disclosed the report when it became aware of it, although this was after the trial began, and its disclosure afforded Jones five days to prepare to cross-examine Babadjanian. at 1433-34. GULFPORT, MSForty-nine individuals are facing drug charges in four separate federal indictments unsealed on Wednesday, August 1, announced U.S . at 389. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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 Thus, we find the remark's effect was slight, considering the overall evidence implicating Jones. In the joint trial, over Jones' objections, the district court admitted the hearsay testimony of Barnes' redacted confessions to Jeffrey Barnes' nephew, Russell Barnes, and to a pastor, Marc Looney. at 443-44. In an alley in St. Paul, Minnesota, at three o'clock in the morning on June 24, 1990, witnesses discovered the burning, dead body of twenty-six-year-old Duon Walker. Jones argues there was insufficient evidence to convict him of CCE-murder. Jones." In closing argument the government used Barnes' recorded statement to the informant as to how to eliminate another drug dealer. 21 U.S.C. Marker Address Rent ? Sufficiency of Evidence: CCE-Murder and Drug Distribution Conspiracy. This site is protected by reCAPTCHA and the Google. To be convicted of killing while engaged in a drug conspiracy, one must kill while engaged in "an offense punishable under section 841(b) (1) (A)." The government concedes that Jones cannot be convicted under the facts of this case both for engaging in a CCE and for conspiring with others to distribute drugs. Just go to Grounds for Thought in downtown Bowling Green. 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. Get free summaries of new Eighth Circuit U.S. Court of Appeals opinions delivered to your inbox! See Rutledge v. United States, --- U.S. ----, 116 S. Ct. 1241, 134 L. Ed. Reasoning that the phrase working in furtherance of would be superfluous if it referred only to kingpins, the Cooper court affirmed the conviction of a CCE supervisee who killed at the behest of the CCE kingpin. Trial Tr. at 788 (emphasis added). Of course, the very question presupposes that, if left without instruction, the jury might easily and logically apply the confession to the defendant. 848(e) (1). The cumulative effect of the solitary comment was scant. The evidence showed that Barnes participated with Jones in drug dealing over a long period of time; that in 1989 when Sheila Swanson, one of Jones' drug couriers, picked up Jones from the airport after he arrived in Los Angeles for a four-kilogram cocaine deal, Barnes was present with him and accompanied him throughout the deal, and returned with Jones to Minnesota; and that Barnes represented to witnesses that the reason he killed Duon was because Duon had attempted to cheat "them" out of drugs or drug money. 208, 133 L.Ed.2d 141 (1995). 19 F.3d 1154, 1164-65 (7th Cir.1994). ER 2002-05 . With this background, we turn to the present case. See United States v. Wood, 834 F.2d 1382, 1388-90 (8th Cir.1987). Fed. United States Court of Appeals, Eighth Circuit. Decided: December 02, 1996 Before WOLLMAN, LAY, and BRIGHT, Circuit Judges. We affirm Jones' conviction in every other respect. 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. Id. Klov novci: Byron Dafoe, Wade Redden, Eric Daze. 1996), cert. 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. 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. Are you looking for real estate agents or brokers? The confessions originally included admissions that Barnes and Jones murdered Duon. Id. The court gave the defendants time to prepare to cross-examine Babadjanian by postponing Babadjanian's appearance. 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. Besides his father, he is preceded in death by: a niece, Vanessa Jones Fightmaster; a brother, Mike Barnes; and a sister, Darlene Jones. Icicidirect. 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. Barnes' reliance on the general CCE principle that the kingpin is the primary focus is misplaced as it relates to his conviction of CCE-murder. 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. Plentiful sunshine. (emphasis added). 2. Barnes and Jones each raise several grounds of error. 1986); see also United States v. Gonzales, 90 F.3d 1363, 1368 (8th Cir. And they killed him." P. 52(b); United States v. Olano, 507 U.S. 725, 734-35, 113 S. Ct. 1770, 1777-78, 123 L. Ed. He obtained his medical. Russell testified that, according to Jeffrey Barnes, Duon "tried to jack them for some work, some of the dope. at 1280. Heidi Crissey, Stillwater, MN, argued, for Kenneth Wendell Jones. We have the professionals you need. Id. 119 people named Jeffrey Barnes found in Washington-Baltimore, Philadelphia-Wilmington-Atlantic City and 2 other cities. . 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 moved to Minnesota, and in late 1993, FBI agents obtained authorization to wiretap Jones' and Barnes' residences, and recorded discussions regarding cocaine dealing and murder. 2d 215 (1963), by reason of its delay in providing an FBI interview report until the third day of trial. 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. Select the best result to find their address, phone number, relatives, and public records. As to all of this evidence Barnes insists the witnesses simply were not credible in light of conflicting testimony. We agree. denied, 494 U.S. 1089, 110 S. Ct. 1830, 108 L. Ed. Likewise, in his closing argument the prosecutor did not include Jones in any discussion of Barnes' confessions. Health Sciences Centre Winnipeg Location 820 Sherbrook St, Winnipeg, Manitoba, R3A 1R9, Canada Description Read More Industry 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. En una noche de verano de 1990, el cuerpo de un presunto camello empieza a arder en un callejn de Minnesota. Post #10281, Vine Grove, KY, Patriot Guard Riders and Combat Veterans Motorcycle Association. In an alley in St. Paul, Minnesota, at three o'clock in the morning on June 24, 1990, witnesses discovered the burning, dead body of twenty-six-year-old Duon Walker. Douglas Peine, St. Paul, MN, argued, for Jeffrey Lane Barnes. Over two years passed, but law enforcement authorities failed to solve Duon's murder. Double Jeopardy: CCE and Drug Distribution Conspiracy. at 21. Taped discussions between Jones and Barnes led authorities to others involved in drug distribution. at 26-27 (emphasis added). In his opening statement he said:Barnes has made admissions to various people about his role in these crimes. Barnes' reliance on the general CCE principle that the kingpin is the primary focus is misplaced as it relates to his conviction of CCE-murder. 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. This evidence, taken together, is overwhelming and supports the jury's conclusion that Jones aided and abetted Barnes in murdering Duon Walker. In contrast, in United States v. Long, 900 F.2d 1270 (8th Cir. Five days later the government called Babadjanian to testify and Jones cross-examined him regarding the gas tank. 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. First, he does not contend that he ever attempted to locate Robert, even after he received the report. Authorities learned that Barnes told three different individuals, including Barnes' nephew, a fellow inmate, and a pastor, that he and Jones had killed Duon Walker after Duon attempted to cheat them in a drug deal. 848(e) (1) (A). 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]. Long, 900 F.2d at 1280. 608(b) (restricting admission of extrinsic evidence of a collateral matter to attack credibility). Top 3 Results for Jeff Barnes in ID. 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. 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. 2d 508 (1993). ; see also United States v. McCullah, 76 F.3d 1087, 1103 (10th Cir. at 1433-34. It revealed that during the interview Robert reached the same conclusion the government wanted the jury to reach: that Jones conspired to kill Duon and then took Duon's money and drugs. You may also use the Illinois Department of Corrections - Inmate Search feature to search for offenders by last name, birthdate or IDOC#. Pastor Looney testified that Barnes referred to Duon's killing by admitting, "We did that." 2d 583 (1993), the confession as presented at trial referred to "persons in Minnesota" instead of to the defendant by name or by suggestion. 1600, 118 L.Ed.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. 848(e) (1) (A). 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. Trabajando. Double Jeopardy: CCE and Drug Distribution Conspiracy. at 788. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Jones also asserts that the government violated Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. Fellow inmate Thomas Carter testified that Barnes had told him that Barnes and some friends "got ripped off," by Duon, and that " [Barnes] killed him" in response. Trial Tr. Shortly before Duon's murder, Jones and Duon executed a drug deal in Jones' condominium in which Jones paid Duon $90,000 cash. 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]. Id. The jury convicted Barnes of CCE-murder and of conspiring to distribute cocaine. Of course, the very question presupposes that, if left without instruction, the jury might "easily" and "logically" apply the confession to the defendant. The single reference to we and several references to they in the witnesses' testimony here could have referred to anyone or any group of individuals acting with Barnes. . 27761 Hackberry Dr, Sedalia, MO 65301, lived here in 2012 $710: C. 2614 W 32nd St, Sedalia, MO 65301, lived here in 2010 We find no prejudice here. Kenneth Wendell JONES, Defendant-Appellant. In cases where the co-defendant's confession on its face incriminates a defendant, as in Bruton, a limiting instruction inadequately safeguards against the inevitable prejudice the confession places upon him or her. Duon was a cocaine dealer from Los Angeles who was temporarily staying with Kenneth Wendell Jones in Jones' St. Paul condominium. 3. Particularly, he points to the failure of two ballistic experts to conclude definitely that Barnes' .22 caliber handgun was the same .22 caliber handgun fired into Duon's head. The appellants' convictions stem from an extensive investigation by state and federal law enforcement agencies into the criminal activities of Jeffrey Lane Barnes, Kenneth Jones, and others who authorities believed were responsible for a major drug distribution operation and several drug-related murders. See id. See Fed.R.Evid. See United States v. Tipton, 90 F.3d 861, 887 (4th Cir. denied, 510 U.S. 1018, 114 S. Ct. 618, 126 L. Ed. 96-1758, 96-1760. It was for the jury to resolve conflicting testimony and determine witness credibility. 78 F.3d 420, 422-23 (8th Cir.1996) (internal quotations omitted). Jones Appellant Br. See id. Thomas Jefferson "Jeff" Barnes is a Nerd Herder, specializing in Apple products. 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. Both defendants appeal. We held that the co-defendant's redacted confession did not violate Bruton, as it neither expressly implicated the defendant nor was it directly tied to the defendant by the prosecutor's statements. Name: Jeff Donnell Sr: Born: Jul 1961: Age: 61 : Relatives: Ashley N Webb Darlene Donnell Jeffery L Donnell Marlene Donnell: Addresses: 605 Lake Rd #10, Dyersburg, TN 38024 711 Homestead Dr, Troy, TN 38260 3848 Bethlehem Rd, Union City, TN 38261. Field Marshal Jeffrey Amherst, 1st Baron Amherst [2] (17171797), Commander-in-Chief of the Forces Major General Darrell Amison (1968 ), Director, Development, Concepts and Doctrine Centre Major-General Leon Williamson Amps [2] (18921989), Director of Works, War Office Brigadier Serena Anand (1975- ) Velice zajmav paraleln karty SP Die-Cut a tak oblben Electric Ice!!! Section 841(b)(1)(A) simply pronounces the quantity-based penalties for drug distribution under 841(a). Jones raises several other trial errors. Barnes challenges the sufficiency of the evidence as it relates to his convictions of CCE-murder and conspiracy to distribute cocaine. 1996) ("Where the prosecution delays disclosure of evidence, but the evidence is nonetheless disclosed during trial, Brady is not violated."). Another witness identified the defendant as the man who met the co-defendant in the alley on that particular date. See United States v. Shoffner, 71 F.3d 1429, 1433 (8th Cir.1995). The Seventh Circuit in United States v. Cooper distinguished persons engaged in a CCE from persons working in furtherance of a CCE, and concluded that one need not be the CCE kingpin (i.e., engaged in a CCE) to work to further the CCE. Id. Thus, argues the government, the former is not a lesser included offense of the latter and double jeopardy is not implicated. at 788. Southern District of Mississippi (601) 965-4480. 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. The majority rejected the argument that other admissible evidence may have implicitly linked the defendant to the confession. The email address cannot be subscribed. 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. 5. 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."). Jeffrey Barnes has been working as a Physician at Health Sciences Centre Winnipeg for 5 years.