US v. Jones, No. 10-1080

Crack Sentence Affirmed

In US v. Jones, No. 10-1080, the court affirmed defendant's sentence for conspiring to distribute and possessing with intent to distribute 50 grams or more of cocaine base and 500 grams or more of cocaine powder, where 1) a witness's uncertainty regarding what type of gun defendant possessed was not a basis for rejecting the district court's determination that the witness was credible; and 2) the district court did not misapply U.S.S.G. section 5G1.3(c) by not crediting defendant for the time he had served in state custody prior to the date the federal sentence was imposed.

As the court wrote:  "Otis Jones pleaded guilty to conspiring to distribute and possessing with intent to distribute 50 grams or more of cocaine base and 500 grams or more of cocaine powder. The district court1 sentenced Jones to 151 months' imprisonment. Jones appeals his sentence."

Related Resources

• Read the Eighth Circuit's Decision in US v. Jones, No. 10-1080