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United States Court of Appeals for the Third Circuit
January 13, 2012, Submitted Under Third Circuit LAR 34.1(a); January 17, 2012, Filed
[*204] OPINION OF THE COURT
JORDAN, Circuit Judge.
Jerry Jay Jones appeals the judgment of the United States District Court for the Western District of Pennsylvania sentencing him to 72 months' imprisonment for distributing less than 50 kilograms of marijuana, in violation of 21 U.S.C. § 841, and possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). For the following reasons, we will affirm.
A. Factual History
On February 7, 2008, two confidential informants disclosed to the Cambria County Drug Task Force that they could purchase marijuana from Jones. Thereafter, an undercover officer drove the two informants [**2] to Jones's apartment in Johnstown, Pennsylvania, where they paid him $500 for 109 grams of marijuana. Jones told the informants that he could provide them with more marijuana as needed.
The following day, Jones was arrested with $2,000 in cash, $490 of which was identified as the money used by the confidential informants to purchase the marijuana. A search warrant was obtained for Jones's apartment, where officers found a scale and six-to-seven ounces of marijuana inside his bedroom. The marijuana was split into smaller bags and stored in a plastic container and a shoe box inside his closet. The officers also found a fully-loaded Regent .32 caliber revolver with an obliterated serial number and a box of .32 caliber ammunition on the nightstand, situated approximately nine feet from the drugs.
A grand jury later returned a two-count indictment against Jones, charging him with distributing less than 50 kilograms of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(D), and possessing a firearm as a convicted felon,1 in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
B. Procedural History
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
458 Fed. Appx. 203 *; 2012 U.S. App. LEXIS 971 **; 2012 WL 120067
UNITED STATES OF AMERICA v. JERRY JAY JONES, Appellant
Notice: NOT PRECEDENTIAL OPINION UNDER THIRD CIRCUIT INTERNAL OPERATING PROCEDURE RULE 5.7. SUCH OPINIONS ARE NOT REGARDED AS PRECEDENTS WHICH BIND THE COURT.
PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.
Prior History: [**1] On Appeal from the United States District Court for the Western District of Pennsylvania. (D.C. No. 09-cr-00003-001). District Judge: Hon. Kim R. Gibson.
sentence, firearm, imprisonment, enhancement, marijuana, criminal history, incarcerated, offenses, argues, felony offense, facilitated, possessed, informants, three-point, apartment, probation
Criminal Law & Procedure, Adjustments & Enhancements, Criminal History, Prior Felonies, Appeals, Standards of Review, Clear Error Review, De Novo Review, Sentencing, Imposition of Sentence, Evidence, Sentencing Guidelines, General Overview