United States v. Jones, No. 11-1764 (1st Cir. 2012)Annotate this Case
Defendant was indicted on one count of possessing five or more grams of cocaine base. After his motion to suppress evidence was denied, Defendant entered a conditional plea of guilty and was sentenced to 180 months' imprisonment. Defendant appealed the denial of his suppression motion as well as the use of certain prior convictions in calculating his sentence guideline range. The First Circuit Court of Appeals affirmed the judgment of the district court, holding (1) the district court correctly denied Defendant's motion to suppress the evidence, as (i) the police had reasonable suspicion to stop the vehicle in which Defendant was riding, (ii) the stop did not escalate into a de facto arrest, and (iii) the district court's finding that the drugs on Defendant's person were in plain sight was not clearly erroneous; and (2) the district court properly considered Defendant's 1997 conviction for assault and battery of a police officer and 1997 felony drug conviction in calculating Defendant's sentence guideline range.
The court issued a subsequent related opinion or order on December 18, 2012.