§ 924(e). 3 GPS is a network of 24 government satellites that constantly send out radio signals and allow a receiver on Earth to 111-2, at 5.)
(ECF No.
Rather, the court held that the presence of one marijuana cigarette in the kitchen did not negate the fair probability that other evidence of the crime of marijuana possession would be found in the house. It is not disputed that all three prior convictions at issue in Mr. Jones's case constitute "serious drug convictions" under this definition. The question, therefore, is whether these two sets of convictions constitute separate predicate offenses for the purpose of applying the ACCA enhancement.
confirmed that Americans have constitutional protections against GPS surveillance by law enforcement, holding that GPS tracking is a "search" under the Fourth Amendment. At 10:15pm on that date, law enforcement searched the residence, finding cocaine, heroin, cash, and a stolen handgun. LEARN MORE ABOUT US, AND HOW YOU CAN HELP.
§ 924(e). Similarly, the Possession With Intent To Distribute charges that arose out of the Search Offense conduct alleged that Mr. Jones "did knowingly and intentionally deliver and/or possess with intent to deliver a controlled substance or manufacture, or possession with intent to manufacture a controlled substance to wit: COCAINE [and HEROIN].
1962) Brief Fact Summary.
Citation22 Ill.308 F.2d 307, 113 U.S. App. Therefore, at issue here is whether the convictions resulting from the drug sale and residence search on February 22, 2008 qualify as separate offenses for the purposes of the ACCA. Mr. Jones does object to the PSR determination that the two sets of convictions arising from the controlled purchase and the subsequent search of Jones' residence on February 22, 2008 constitute offenses committed on "occasions different from one another" for the purposes of the statute. But even in the context of an ongoing conspiracy, the "separate episodes" test still hinges on examination of a defendant's opportunity to cease and desist the conduct. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. She said: "People disclose the phone numbers that they dial or text to their cellular providers, the URLS that they visit and the e-mail addresses with which they correspond to their Internet service providers, and the books, groceries and medications they purchase to online retailers .
The PSR identifies the three following groups of convictions as predicate offenses supporting the ACCA's application: (1) multiple felony convictions arising from Mr. Jones's sale of crack cocaine to a confidential informant on January 2, 2008 (PSR ¶ 35); (2) multiple felony convictions arising from Mr. Jones's sale of crack cocaine to different informant on February 22, 2008 (PSR ¶36); and (3) multiple felony convictions arising from the discovery of crack cocaine and heroin during a search of Mr. Jones's residence, which also took place on February 22, 2008. Appx.
Defendant Jones was found guilty of involuntary manslaughter of his friend’s 10-month-old baby where he failed to provide for the child and such failure … The court found unpersuasive defendant's argument that the warrant should have been limited in geographic scope because the smoldering marijuana cigarette in the trash can was the likely source of the marijuana odor. See United States v. Jones, 132 F.3d 232 (5th Cir.1998), aff'd Jones v. United States, 527 U.S. 373, 119 S.Ct. MARK R. HORNAK, Chief District Judge..
And one of the many tools touted as an alternative to incarceration is electronic monitoring or “EM”: a form of digital incarceration, often using a wrist bracelet or ankle “shackle”... Boston, Massachusetts—The Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) urged a federal judge today to reject the Department of Homeland Security’s attempt to dismiss an important lawsuit challenging DHS’s policy of searching and confiscating, without suspicion or warrant, travelers’ electronic devices at U.S. borders. The offenses are therefore "separate episodes" and count as two distinct ACCA predicate offenses. Subscribe to Justia's Free Summaries Washington, D.C.—The Electronic Frontier Foundation (EFF) sued the Department of Homeland Security (DHS) and its component agencies today to obtain information about the agencies’ warrantless use of global positioning system (GPS) devices to track vehicles entering the U.S.In 2012, the Supreme Court unanimously ruled in a landmark decision... Criminal justice advocates have been working hard to abolish cash bail schemes and dismantle the prison industrial complex. The Armed Career Criminal Act (ACCA) requires imposition of a minimum 15-year term of imprisonment for those convicted of unlawful possession of a firearm under 18 U.S.C. 734 F.3d 218, 228-229 (3d.
Listed below are those cases in which this Featured Case is cited. The United States responds that those offenses were sufficiently distinct in time to qualify as two separate ACCA predicate offenses, which would result in ACCA qualification. (ECF 111-2; PSR ¶ 36.) 2006). See United States v. Jurbala, 198 Fed.Appx. 18 U.S.C. And significantly, in United States v. Blair, the Court held that robberies occurring one day apart were "separate" offenses, while citing with approval a Sixth Circuit decision holding that robberies separated by only 45 minutes were sufficiently distinct in time. 753 F. App'x 112, 114-15 (3d Cir. 2013) (citing United States v. Brady, 988 F.2d 664, 668-70 (6th Cir. about EFF Sues DHS To Uncover Information About Border Agents Using GPS Devices Without a Warrant To Track Vehicles, about EFF v. DHS FOIA Complaint (GPS tracking), about The New Frontier of E-Carceration: Trading Physical for Virtual Prisons, about Alasaad v. Nielsen - Government's Reply In Support of Motion to Dismiss, about EFF and ACLU Ask Court to Allow Legal Challenge to Proceed Against Warrantless Searches of Travelers’ Smartphones, Laptops, about Alasaad v. Nielsen Opposition to Motion to Dismiss, about EFF to Supreme Court: No Real-Time Cell Phone Tracking Without a Warrant, about EFF to Supreme Court: Cell Phone Location Data Is Off-Limits to Police Without a Warrant, about EFF to Court: Accessing Cell Phone Location Records Without A Warrant Violates the Constitution, EFF Sues DHS To Uncover Information About Border Agents Using GPS Devices Without a Warrant To Track Vehicles, The New Frontier of E-Carceration: Trading Physical for Virtual Prisons, Alasaad v. Nielsen - Government's Reply In Support of Motion to Dismiss, EFF and ACLU Ask Court to Allow Legal Challenge to Proceed Against Warrantless Searches of Travelers’ Smartphones, Laptops, Alasaad v. Nielsen Opposition to Motion to Dismiss, EFF to Supreme Court: No Real-Time Cell Phone Tracking Without a Warrant, EFF to Supreme Court: Cell Phone Location Data Is Off-Limits to Police Without a Warrant, EFF to Court: Accessing Cell Phone Location Records Without A Warrant Violates the Constitution.
This item represents a case in PACER, the U.S. Government's website for federal case data. EFF and the Center for Democracy and Technology filed an amicus brief arguing that GPS tracking is fundamentally different from and more invasive than other surveillance technologies the court has allowed before, and that law enforcement use of GPS without a warrant violates Americans' reasonable expectations of privacy. Mr. Jones continued the conspiracy and possession conduct that underlay the Search Offenses while he engaged in the Sale Offense conduct and up until his arrest based on the Sale Offense conduct.
Why Jones is still less of a pro-privacy decision than most thought (Conclusion slightly revised Jan. 31) (Tom Goldstein) Jones confounds the press (Tom Goldstein) Reactions to Jones v. United States: The government fared much better than everyone realizes (Tom Goldstein) Opinion recap: Tight limit on police GPS use (FINAL UPDATE) (Lyle Denniston)
Similarly, in United States v. Swan, 661 F. App'x 767, 770 (3d Cir. He also does not contest that the convictions arising from the controlled drug buy on January 2, 2008 properly serve as one ACCA predicate offense.
The elements of these charges were thus complete when Mr. Jones knowingly possessed with the intent to distribute the cocaine and heroin hidden in his residence-also prior to the Sale Offense conduct. (PSR ¶ 38.) The record indicates that he did.
945 (2012), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. Click the citation to see the full text of the cited case.
Mr. Jones was kept continuously in custody from then until he was sentenced.
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Specifically, the charging documents state that Mr. Jones received the phone call from the informant arranging the controlled buy at 6:00 pm; that he met the informant on the street outside of his residence at 7:30 pm; that Mr. Jones entered his residence with the informant and his co-conspirator at 7:35 pm; and that Mr. Jones completed the deal by taking the cash and retrieving crack from the second floor of the residence, then delivering the crack to the informant just before 7:39pm. But this argument mischaracterizes the temporal order of the offense conduct, and thus the opportunity for withdrawal between offenses3.
EFF was particularly gratified to see Justice Sotomayor, in concurrence, raising concerns about the failure of the Fourth Amendment caselaw to keep up with the realities of today's digital technologies. Id.
Because the Search Offenses were complete before the Sale Offenses, the question is not whether Mr. Jones had sufficient time after the controlled buy to cease possessing the drugs at his residence, but instead whether he had sufficient time before the Sale Offense conduct to "cease and desist" his course of criminal activity that made up the Search Offenses by deciding not to sell drugs to the undercover informant. The details of the crime and subsequent history are contained in those cases; a brief summation is all that is necessary for this review. In United States v. Jones (at times known as United States v. Maynard), FBI agents planted a GPS device on a car while it was on private property and then used it to track the position of the automobile every ten seconds for a full month, all without securing a search warrant.
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