United States v. Jacobs, No. 20-1200 (3d Cir. 2021)
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Kane woke up to find his girlfriend, Ally, dead. Ally had a tourniquet wrapped around her arm; nearby, officers spotted a purse containing wax bags bearing the word “Butter,” containing a mix later determined to be heroin and fentanyl. Another bag contained syringes and nine empty packets that were stamped with a Viking helmet. Another purse held nine full packets of drugs bearing a "bulldog" stamp. There were 56 empty Butter bags in the room. Kane agreed to conduct a controlled purchase of drugs from Collins, who had been Ally’s dealer for two years. Collins handed Kane five bundles of Butter-stamped heroin. Collins (not knowing Ally had died) confirmed it was the same stuff Ally had purchased the night of her overdose. Collins explained that he had obtained the Butter-stamped heroin from Jacobs. Jacobs was arrested for distributing the drugs that killed Ally. The prosecution used its peremptory strikes to strike all but one minority juror. Jacobs, an African-American, raised an unsuccessful Batson challenge.
The Third Circuit upheld Jacobs’ convictions. Though the prosecution did not prove Jacobs’ crimes with 100% certainty, it was not required to do so. A rational juror could have decided Jacobs was guilty beyond a reasonable doubt after drawing inferences from the evidence and testimony. The court did not err in its jury instructions or in denying the Batson challenge. The court incorrectly imposed a “general sentence” for Jacobs’ three convictions; on remand the district court must clarify a specific sentence for each offense.
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