United States v. Jones , 169 F. App'x 737 ( 2006 )

Opinions of the United
2006 Decisions States Court of Appeals
for the Third Circuit
3-8-2006
USA v. Jones
Precedential or Non-Precedential: Non-Precedential
Docket No. 04-4736
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_________________
No. 04-4736
_________________
UNITED STATES OF AMERICA,
v.
BARNSWELL JONES,
Appellant
________________
Appeal from the
United States District Court for the
Eastern District of Pennsylvania
(D.C. No. 04-cr-00125-3)
District Judge: The Honorable Robert F. Kelly
________________
Submitted Under Third Circuit LAR 34.1(a)
March 3, 2006
________________
Before: SLOVITER and FUENTES, Circuit Judges, and
RESTANI*, Judge
(Filed: March 8, 2006)
_______________
OPINION
_______________
________________________
*Honorable Jane A. Restani, Chief Judge of the United States Court of
International Trade, sitting by designation.
RESTANI, Judge.
Barnswell Jones (“Jones”) appeals his conviction for possession of a firearm by a
convicted felon in violation of 18 U.S.C. § 922(g)(1) (2000), arguing that the government
failed to provide sufficient evidence to support his conviction. The Court has jurisdiction
pursuant to 28 U.S.C. § 1291 (2000) and affirms Jones’ conviction.
I. Procedural and Factual Background
On September 17, 2003, six law enforcement officers from the Berks County,
Pennsylvania, Sheriff’s Office Fugitive Task Force (“Task Force”) executed an active
bench warrant against Jones. The Task Force found Jones and his co-defendant,
Tremaine Buie (“Buie”), at a jewelry store at the Fairgrounds Square Mall in Reading,
Pennsylvania. Upon seeing the Task Force, Jones grabbed Buie and pulled Buie between
him and the Task Force. The Task Force drew their firearms against Jones and
announced that they were the police. Jones then threw Buie on the floor and ran towards
the mall exit. Five members of the Task Force pursued Jones and tackled him by the mall
exit.1
During the struggle, four members of the Task Force witnessed a handgun in the
waistband of Jones’ pants. At trial, Deputy Sheriff James Gresh testified that he saw a
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One member of the Task Force, Deputy Sheriff Juan Munoz, stayed behind with
Buie. While detaining Buie, Deputy Sheriff Munoz discovered “the butt of [a] gun
hanging out of [Buie’s] waist in his holster.” Trial Tr. 122:5–6, Sept. 13, 2004. The
handgun found on Buie was a Black Star Inarms .40 caliber handgun. Id.
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gun on the “front side tucked in [Jones’] pants.” Trial Tr. 10:12–13. U.S. Deputy
Marshal Brian Hicks stated on direct examination that “[t]he gun was tucked into [Jones’]
waistband,” id. at 35:6–7, while Deputy Sheriff Mandy Miller testified that she saw a gun
“[i]n [Jones’] waistband . . . . falling out of his . . . pants,” id. at 51:20–21. Finally,
Deputy Sheriff Gary Cirulli also testified that he “spotted a gun come out of [Jones’]
waistband.” Id. at 93:17.
After restraining Jones, Deputy Sheriff Cirulli retrieved the gun from Jones and
brought it to the police station where Special Agent Timothy Wilson of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives identified it as a Taurus Model PP92.
Special Agent Wilson also processed Jones’ arrest but did not conduct a fingerprint
analysis on the handgun or bullets. Sergeant Robert F. Johnson of the Berks County
Automated Fingerprint Identification System Laboratory explained that a fingerprint
evidence analysis is conducted only “when [law enforcement does not] know who had
[the evidence] or who it belongs to.” Trial Tr. 28:10–12, Sept. 14, 2005.
At trial, Jones denied that he had the gun, testifying that he “was never in
possession of that gun.” Id. at 36:11. He stated that on the day of the arrest “[t]he only
gun mentioned was the one that Tremaine Buie had.” Id. at 41:23–24.
On September 15, 2004, Jones was convicted by a jury for possession of a firearm
by a convicted felon in violation of 18 U.S.C. § 922(g)(1). He was later sentenced to 120
months’ imprisonment. Jones filed a timely appeal, arguing that there was insufficient
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evidence to support his conviction. We disagree.
II. Discussion
To convict a defendant of a violation of 18 U.S.C. § 922(g)(1), the government
must prove three elements beyond a reasonable doubt: (1) the defendant was previously
convicted of a crime punishable by imprisonment for a term exceeding one year; (2) the
defendant knowingly possessed a firearm; and (3) the firearm had passed in interstate or
foreign commerce. United States v. Dodd, 225 F.3d 340, 344 (3d Cir. 2000). On appeal,
Jones only contests the second element of the crime. Jones argues that there is
insufficient evidence to support his conviction because he testified that he did not have a
gun and because the government failed to provide fingerprint evidence linking him to the
gun.
In reviewing a sufficiency of evidence claim, we view the evidence in the light
most favorable to the government. United States v. Wolfe, 245 F.3d 257, 261 (3d Cir.
2001) (citation omitted). We will sustain a verdict if “any rational trier of fact could have
found the essential elements of the crime beyond a reasonable doubt.” United States v.
Dent, 149 F.3d 180, 187 (3d Cir. 1998) (citation omitted). Thus, an appellant challenging
the sufficiency of evidence bears a “very heavy burden.” Id. at 187 (quoting United
States v. Gonzalez, 918 F.2d 1129, 1132 (3d Cir. 1990)).
In the present case, there is sufficient evidence to sustain Jones’ conviction. At
trial, four law enforcement officers consistently testified that they saw a gun tucked into
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Jones’ waistband. Jones is the only witness who contradicts the testimony of the officers.
Given the “particularly deferential standard of review when deciding whether a jury
verdict rests on legally sufficient evidence,” the testimony of the four law enforcement
officers is sufficient evidence from which a reasonable jury could find that Jones
possessed a handgun. Id. at 187. With respect to Jones’ contradictory testimony, the
Court “presume[s] that the jury properly evaluated [the] credibility of the witnesses,
found the facts, and drew rational inferences.” United States v. Iafelice, 978 F.2d 92, 94
(3d Cir. 1992) (citing United States v. Coleman, 811 F.2d 804, 807 (3d Cir. 1987)). It is
not the Court’s job to “re-weigh the evidence presented at trial or reassess the credibility
of the witnesses.” United States v. Al Hedaithy, 392 F.3d 580, 605 (3d Cir. 2004) (citing
Glasser v. United States, 315 U.S. 60, 80 (1942)).
Moreover, contrary to Jones’ argument, the failure to provide a fingerprint analysis
does not amount to insufficient evidence. See United States v. Jurbala, No. 04-94-GMS,
2005 WL 2234609, at *3 (3d Cir. Sept. 14, 2005); United States v. Moore, 208 F.3d 411,
413 (2d Cir. 2000); United States v. White, 81 F.3d 80, 82 (8th Cir. 1996) (citing United
States v. Haney, 23 F.3d 1413, 1416–17 (8th Cir. 1994)). The government is not required
to provide fingerprint evidence, see 18 U.S.C. § 922(g)(1), and a rational jury could
weigh the testimony of the four law enforcement officials more heavily than the absence
of fingerprint evidence.
Accordingly, we will affirm Jones’ judgment of conviction and sentence.
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