United States v. Jones

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A jury convicted Jones of conspiracy to distribute heroin, 21 U.S.C. 846, three counts of distribution of heroin, 21 U.S.C. 841(a)(1), and three counts of aiding and abetting distribution, 21 U.S.C. 841(a)(1). A probation office initially attributed to Jones at least five but less than 10 grams of heroin. The government objected, stating that the quantity did “not reflect the scale of the offense.” U.S.S.G. 2D1.1 n.5. Based on a confidential informant’s testimony that he purchased half a gram of heroin each day for six months, the government asserted that Jones’s relevant conduct included 60 grams of heroin. After testimony from the officer who handled the confidential informant, the court found by a preponderance of the evidence that Jones’s conduct involved at least 40.3 grams, but stated: I don’t think ... that there’s clear and convincing evidence that it’s 40 grams. The court calculated Jones’s guidelines range as 63-78 months and sentenced Jones to 78 months of imprisonment . The Sixth Circuit affirmed, holding that due process does not require sentencing courts to employ a standard higher than preponderance-of-the-evidence, even with respect to large enhancements. The Supreme Court’s 2013 decision in Alleyne, that any fact that increases the mandatory minimum sentence must be submitted to the jury, did not address the standard of proof for judicial fact-finding at sentencing. View "United States v. Jones" on Justia Law