United States v. Jones, 110810 FED3, 09-1366

Docket Nº:09-1366, 09-1687
Opinion Judge:RENDELL, Circuit Judge.
Party Name:UNITED STATES OF AMERICA v. THOMAS D. JONES, Appellant UNITED STATES OF AMERICA v. ANTWOYNE NEAL, Appellant
Judge Panel:Before: SCIRICA, RENDELL and ROTH, Circuit Judges.
Case Date:November 08, 2010
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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UNITED STATES OF AMERICA

v.

THOMAS D. JONES, Appellant

UNITED STATES OF AMERICA

v.

ANTWOYNE NEAL, Appellant

Nos. 09-1366, 09-1687

United States Court of Appeals, Third Circuit

November 8, 2010

NOT PRECEDENTIAL

Submitted Under Third Circuit LAR 34.1(a) November 4, 2010.

Appeals from the United States District Court for the Middle District of Pennsylvania (D.C. Criminal Nos. 1-06-cr-00378-001, 1-06-cr-00378-002) District Judge: Honorable Sylvia H. Rambo.

Before: SCIRICA, RENDELL and ROTH, Circuit Judges.

OPINION

RENDELL, Circuit Judge.

In this consolidated case, Appellant Thomas Jones appeals his conviction and sentence for use of a communication facility to facilitate the distribution of 50 grams or more of crack cocaine, in violation of 21 U.S.C. § 843(b), and Appellant Antwoyne Neal appeals his conviction and sentence for possession with the intent to distribute crack cocaine, in violation of 21 U.S.C. § 841(a)(1). We will affirm.1

Factual & Procedural Background

Because we write solely for the benefit of the parties who are familiar with the factual context and procedural history of this case, we will recite only the facts relevant to our analysis. Before the filing of the indictment in this matter charging him with unlawful distribution and conspiracy to distribute a substantial amount of crack cocaine, Appellant Jones was out on bail prior to reporting to serve a 21-month prison sentence for unrelated charges of receiving stolen property. On August 16, 2006, Judge Caldwell revoked his bail based on his parole violation. After the filing of the instant indictment on November 8, 2006, Jones appeared before Magistrate Judge Smyser on February 27, 2007 for his arraignment.

He thereafter filed a motion to dismiss the Indictment under the Speedy Trial Act, 18 U.S.C. § 3161(c), alleging illegal delay between his appearance in front of Judge Caldwell on the unrelated stolen property offense and the date set for trial on the instant drug trafficking claim before Judge Smyser. The magistrate judge rejected his motion, and Jones eventually entered into a plea agreement to plead guilty to a four-count Superseding Information. The Information charged Jones with violation of 21 U.S.C. § 843(b). The District Court sentenced Jones to the maximum term of imprisonment of 192 months.

It was alleged that as part of his trafficking operation, Jones supplied Appellant Neal with crack cocaine. After arrest, Neal admitted in two interviews that he regularly received several kilograms of crack cocaine from Jones and distributed it through a number of dealers. Neal was charged with possession with intent to distribute crack cocaine, and, in exchange for his guilty plea, the government agreed to recommend a three-level reduction for acceptance of responsibility. The government also agreed to make a non-binding recommendation that the amount of crack cocaine and cocaine hydrochloride involved for purposes of the advisory guideline range was between 150-500 grams and 5 kilograms respectively. Neal further agreed to cooperate and the government committed to file a motion for departure pursuant to U.S.S.G. § 5K1.1 if that cooperation amounted to substantial assistance.

The Pre-Sentence Investigation Report did not credit Neal with acceptance of responsibility, proposed that a two-level increase should be given for a leadership role in the offense...

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