United States v. Jones, 74 F.3d 275 (11th Cir. 1996). · Go Syfert
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United States v. Jones, 74 F.3d 275 (11th Cir. 1996). Cases Citing This Book View Copy Cite
16 citation events (7 in the last 25 years) across 4 distinct courts.
Strongest positive: United States v. Chirinos (ca11, 1997-05-15)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Chirinos
11th Cir. · 1997 · confidence medium
Bailey v. United States, — U.S. -, -, 116 S.Ct. 501, 508 , 133 L.Ed.2d 472 (1995); United States v. Jones, 74 F.3d 275, 276 (11th Cir.1996); United States v. King, 73 F.3d 1564, 1567 (11th Cir.), cert. denied, — U.S.-, 117 S.Ct. 220 , 136 L.Ed.2d 153 (1996).
discussed Cited as authority (rule) 47 Fed. R. Evid. Serv. 133, 10 Fla. L. Weekly Fed. C 925 United States of America v. Samuel Chirinos, Rolanda Guerra, David Martinez, Jose Reyes, Joseph Gonzalez, Enrique Santiesteban
11th Cir. · 1997 · confidence medium
Bailey v. United States, 516 U.S. 137 , ----, 116 S.Ct. 501, 508 , 133 L.Ed.2d 472 (1995); United States v. Jones, 74 F.3d 275, 276 (11th Cir.1996); United States v. King, 73 F.3d 1564, 1567 (11th Cir.), cert. denied, --- U.S. ----, 117 S.Ct. 220 , 136 L.Ed.2d 153 (1996).
discussed Cited as authority (rule) United States v. Warren
M.D. Fla. · 1997 · confidence medium
Similarly, in United States v. Jones, the court reversed the § 924(c)(1) conviction of a defendant who kept a sawed-off shotgun in his bedroom closet that was within four (4) to seven (7) feet of crack cocaine and large amounts of cash. 74 F.3d 275, 276 (11th Cir.1996) (facts derived from 28 F.3d 1574 . 1576-78 (11th Cir.1994)).
discussed Cited as authority (rule) United States v. Hayden
4th Cir. · 1996 · confidence medium
See United States v. Garcia, 77 F.3d 274, 276-77 (9th Cir.1996) (reversing conviction under 18 U.S.C. § 924 (c) because the defendant was not actively using a firearm where a machinegun was found in an upstairs bedroom in house where the defendant was arrested); United States v. Wilson, 77 F.3d 105, 110 (5th Cir.1996) (same where weapons were seized from a house owned by the defendant and where drug money was counted and stored); United States v. Abdul, 75 F.3d 327, 329-30 (7th Cir.1996) (vacating conviction and sentence under 18 U.S.C. § 924 (c) because the weapon was merely under a bed in …
discussed Cited as authority (rule) United States v. James Cedric Hayden, A/K/A Reginald James Wilder, United States of America v. Tomel K. Lucas, A/K/A Angelo Berlin, United States of America v. Reginald Eugene Hayden, A/K/A Bubba
4th Cir. · 1996 · confidence medium
See United States v. Garcia, 77 F.3d 274, 276-77 (9th Cir.1996) (reversing conviction under 18 U.S.C. § 924 (c) because the defendant was not actively using a firearm where a machinegun was found in an upstairs bedroom in house where the defendant was arrested); United States v. Wilson, 77 F.3d 105, 110 (5th Cir.1996) (same where weapons were seized from a house owned by the defendant and where drug money was counted and stored); United States v. Abdul, 75 F.3d 327, 329-30 (7th Cir.1996) (vacating conviction and sentence under 18 U.S.C. § 924 (c) because the weapon was merely under a bed in …
discussed Cited "see, e.g." United States v. Campa (2×)
11th Cir. · 2008 · signal: see also · confidence low
See Fed.R.Crim.P. 52(b); Williams v. United States, 503 U.S. 193, 203 , 112 S.Ct. 1112, 1120-21 , 117 L.Ed.2d 341 (1992); United States v. Pierre, 484 F.3d 75, 91 (1st Cir.2007); Rivera, 282 F.3d at 77 ; United States v. Nguyen, 46 F.3d 781, 783 (8th Cir.1995); see also United States v. Jones, 28 F.3d 1574 (11th Cir.1994) (recognizing our discretion to decline to review sentencing errors under the "concurrent sentence doctrine"), vacated, 516 U.S. 1022 , 116 S.Ct. 663 , 133 L.Ed.2d 515 (1995), opinion reinstated in part, 74 F.3d 275 (11th Cir.1996); United States v. Segien, 114 F.3d 1014, 1021…
discussed Cited "see, e.g." United States v. Howard William Harriston, Iii, A.K.A. Little Bill, A.K.A. Little Geek, A.K.A. Young Gun, A.K.A. Melvin Johnson
11th Cir. · 2003 · signal: see, e.g. · confidence low
See, e.g., United States v. Jones, 28 F.3d 1574, 1582 (11th Cir.1994), modified on other grounds, 74 F.3d 275 (11th Cir.1996); United States v. Hosford, 782 F.2d 936, 939-40 (11th Cir. 1986); United States v. Fortenberry, 971 F.2d 717, 722 (11th Cir.1992); United States v. Eason, 920 F.2d 731, 735 (11th Cir.1990).
discussed Cited "see, e.g." United States v. Howard William Harrison, III (Amended April 28, 2003)
11th Cir. · 2003 · signal: see, e.g. · confidence low
See, e.g., United States v. Jones, 28 F.3d 1574, 1582 (11th Cir.1994), modified on other grounds, 74 F.3d 275 (11th Cir.1996); United States v. Hosford, 782 F.2d 936, 939-40 (11th Cir. 1986); United States v. Fortenberry, 971 F.2d 717, 722 (11th Cir.1992); United States v. Eason, 920 F.2d 731, 735 (11th Cir.1990).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Gregory Louis JONES, Defendant-Appellant
93-8467.
Court of Appeals for the Eleventh Circuit.
Feb 6, 1996.
74 F.3d 275
Paul S. Kish, Federal Defender Program, Inc., Atlanta, GA, for appellant., Joe D. Whitley, United States Attorney, Michael J. O’Leary, Amy Levin Weil, Asst. U.S. Attys., Atlanta, GA, for appellee.
Birch, Carnes, Blackburn.
Cited by 15 opinions  |  Published

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

The Supreme Court has vacated our prior judgment in this case, United States v. Jones, 28 F.3d 1574 (11th Cir.1994), and remanded the case to us for further consideration in light of Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995).

In upholding Jones’ conviction for using or carrying a firearm during and in relation to the commission of a drug trafficking offense, in violation of 18 U.S.C. § 924(c)(1), we applied the pre-Bailey law of this Circuit that the presence of a weapon in a location near a significant quantity of illegal drugs is sufficient to submit to the jury the issue of whether the defendant used that firearm in connection with a drug trafficking crime. Id. at 1577-79. The Supreme Court has now held that a defendant cannot be convicted under the “use” prong of § 924(e)(1) merely because a firearm is present at the scene of a drug crime. Instead, if the firearm is not “carried” there must be an active use, such as “brandishing, displaying, bartering, striking with, and most obviously, firing or attempting to fire.” Bailey, — U.S. at -, 116 S.Ct. at 508. More specifically, the Court has rejected the proposition “that a gun placed in a closet is ‘used,’ because its mere presence emboldens or protects its owner.” Id.

In light of Bailey, we modify our prior opinion, insofar as it concerns the § 924(c)(1) conviction, 28 F.3d at 1577-79, and hold that the evidence in this case was insufficient to support that conviction. Our affirmance of the remaining convictions stands. Accordingly, the “Conclusion” part of our prior opinion, id. at 1582, is modified to read as follows:

All of Jones’ convictions are AFFIRMED, except his conviction for violating 18 U.S.C. § 924(c)(1). That conviction and sentence are REVERSED. All of Jones’ remaining sentences are AFFIRMED, except for the sentence he received for possession of the unregistered sawed-off shotgun, which sentence is VACATED. The case is REMANDED for proceedings consistent with this opinion.