United States v. Jones

Citation492 F.Supp.3d 1200
Decision Date03 August 2020
Docket NumberNo. CR 13-2869 JB,CR 13-2869 JB
Parties UNITED STATES of America, Plaintiff, v. Aldo JONES, Defendant.
CourtUnited States District Courts. 10th Circuit. District of New Mexico

John C. Anderson, United States Attorney, Kyle T. Nayback, Paul H. Spiers, Assistant United States Attorneys, United States Attorney's Office, Albuquerque, New Mexico, Attorneys for the Plaintiff

Stephen P. McCue, Federal Public Defender, Thomas B. Jameson, Daniel Benjamin Snyder, Assistant Federal Public Defenders, Albuquerque, New Mexico, Attorneys for the Defendant

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court on the Petition for Revocation of Supervised Release, filed June 10, 2019 (Doc. 115)("Petition"). The Court held a revocation hearing on May 14, 2020, and evidentiary revocation hearings on June 15, 2020, and June 26, 2020. See Violation of Supervision Proceedings Minute Sheet at 1, filed May 14, 2020 (Doc. 137); Notice of Hearing on June 15, 2020, filed June 4, 2020 (Doc. 138)(text-only entry); Clerk's Minutes at 1, filed June 26, 2020 (Doc. 144). The primary issues are: (i) whether the preponderance of the evidence supports that Defendant Aldo Jones’ conduct -- stabbing and killing a man outside a fast-food restaurant -- constitutes voluntary manslaughter under New Mexico law, such that A. Jones violated the supervised release condition that he not commit a federal, state, or local crime; (ii) whether the preponderance of the evidence supports that A. Jones’ conduct constitutes a crime of violence under § 4B1.2(a) of the United States Sentencing Guidelines Manual ("U.S.S.G." or "Guidelines"), which defines crime of violence as including voluntary manslaughter and not involuntary manslaughter, even though A. Jones pled no contest to involuntary manslaughter in State court; (iii) whether the preponderance of the evidence supports that A. Jones’ conduct amounts to a Grade A Violation or a Grade B Violation under § 7B1.1(a) of the Guidelines; and (iv) whether the preponderance of the evidence supports that A. Jones’ conduct and the surrounding circumstances satisfy the elements that are required to establish that A. Jones acted in self-defense when he stabbed another person. The Court concludes that: (i) the preponderance of the evidence establishes that A. Jones’ conduct constitutes voluntary manslaughter under New Mexico law, because A. Jones acted in response to sufficient provocation, and because he possessed voluntary manslaughter's requisite mens rea -- knowledge that his act would create a strong probability of death or great bodily harm -- and, thus, A. Jones violated a supervised release condition by engaging in conduct that amounts to a crime under New Mexico law; (ii) the preponderance of the evidence establishes that A. Jones’ conduct constitutes a crime of violence under the Guidelines, because § 4B1.2(a) defines crime of violence as including voluntary manslaughter; (iii) the preponderance of the evidence establishes that A. Jones committed a Grade A Violation under the Guidelines, because § 7B1.1(a)’s definition for Grade A Violations includes any state offense that is punishable for a term of imprisonment exceeding one year and that is a crime of violence, and voluntary manslaughter under New Mexico law satisfies both criteria; and (iv) the preponderance of the evidence establishes that A. Jones’ self-defense argument is inadequate under New Mexico law, because A. Jones’ conduct -- stabbing and killing a man who chased him with an umbrella -- is an excessive use of force, and because a reasonable person under the same circumstances would not have acted similarly. Accordingly, because A. Jones committed a Grade A Violation and has a criminal history category of III, the Guidelines recommend a range of 18 to 24 months imprisonment.

FINDINGS OF FACT

The Court held a two-day evidentiary hearing on the revocation of supervised release. The Court makes the following findings of fact related to the issues. Rule 12(d) of the Federal Rules of Criminal Procedure requires the Court to state its essential findings on the record when deciding a motion that involves factual issues. See Fed. R. Crim. P. 12(d) ("When factual issues are involved in deciding a motion, the court must state its essential findings on the record."). The findings of fact in this Memorandum Opinion and Order shall serve as the Court's essential findings for rule 12(d) ’s purposes. In making these findings, the Court does not consider any evidence or testimony from the hearing that violates the test that the United States Court of Appeals for the Tenth Circuit adopted in United States v. Jones, 818 F.3d 1091, 1098 (10th Cir. 2016). See United States v. Hernandez, 428 F. Supp. 3d 775, 788 (D.N.M. 2019) (Browning, J.)("When applying the balancing test, the Court must weigh the defendant's interest in cross-examining and confronting [a] witness with the government's good cause for not presenting the witness." (citing United States v. Jones, 818 F.3d at 1098 )). Accordingly, the Court finds:

1. In the late afternoon on July 28, 2013, in Indian Country within the District of New Mexico, A. Jones "employed a screwdriver," by "dedicating the screwdriver to [the victim's] right hand, left shoulder and head," and, about two hours later, A. Jones "stabbed [another victim] with a knife." Plea Agreement ¶¶ 10, 12, at 4-5, filed December 4, 2013 (Doc. 37). See Draft Transcript of Evidentiary Hearing at 7:13-16 (held June 15, 2020)(Towne)("June 15 Tr.").1

2. On December 4, 2013, A. Jones pled guilty in federal court to two counts of assault resulting in bodily injury, see 18 U.S.C. §§ 1153 and 113(a)(6), and two counts of assault with a dangerous weapon with intent to do bodily harm, see 18 U.S.C. §§ 1153 and 113(a)(3); Plea Agreement ¶ 7, at 3; Indictment at 1-2, filed August 27, 2013 (Doc. 21).

3. On May 8, 2014, the Honorable M. Christina Armijo, then-Chief United States District Judge for the United States District Court for the District of New Mexico, sentenced A. Jones to seventy months imprisonment for each count, with each term running concurrently. See Sentencing Minute Sheet at 1, filed May 8, 2014 (Doc. 52).

4. Chief Judge Armijo also sentenced Aldo to three years of federal supervised release for each count, with each term running concurrently. See Sentencing Minute Sheet at 1.

5. On September 7, 2018, A. Jones was released from prison and began serving a three-year term of supervised release. See Judgment in a Criminal Case at 3, filed May 19, 2014 (Doc. 55)("Judgment"); Judgment in a Criminal Case at 3; Defendant's Supervised Release Sentencing Memorandum ¶ 1, at 1-2, filed May 13, 2020 (Doc. 134)("Jones Sentencing Memo"); June 15 Tr. at 14:6-7 (Snyder, Towne).

6. After A. Jones’ release from prison in September, 2018, A. Jones first lived at Diersen Charities, a residential re-entry center in Albuquerque, New Mexico, and then A. Jones lived with sister until he was able to provide for his own living accommodations. See June 15 Tr. at 14:10-12 (Towne).

7. During A. Jones’ time at Diersen Charities, A. Jones received counseling, and he stayed "in compliance with counseling"; A. Jones never tested positive for drugs or alcohol, and he "was able to find a pretty good job." June 15 Tr. at 14:13-25 (Snyder, Towne).

8. When A. Jones was released from prison, Jason Towne, a United States Probation Officer who started supervising A. Jones in September, 2018, had no reason to believe that A. Jones would not transition successfully into the community. See June 15 Tr. at 15:9-17 (Snyder, Towne).

9. On June 7, 2019, A. Jones awoke at 5:00 a.m. to go to work, and, when he got off from work at 3:00 p.m., he bought three sixteen-ounce cans of Budweiser beer on his way home with a co-worker. See June 15 Tr. at 63:13-65:6 (Snyder, A. Jones).

10. It is a violation of A. Jones’ federal supervised release conditions to drink alcohol, and A. Jones has violated this condition and admitted his violation to his probation officer. See June 15 Tr. at 102:15-24 (Nayback, A. Jones).

11. When A. Jones got home, a friend invited him to go to a casino, which A. Jones decided he would do later that evening, because he first needed to wait for his brother, Eddie Jones, to come "back from work." June 15 Tr. at 65:14-15 (A. Jones).

12. E. Jones came to A. Jones’ home around 3:30 p.m., relaxed, and drank some of the beer that A. Jones had bought. See June 15 Tr. at 65:15-66:10 (Snyder, A. Jones).

13. Around 7:50 p.m., A. Jones and E. Jones decided to get dinner, but A. Jones said that he owed E. Jones money, so they first walked to Circle K, a convenience store, to use an ATM to get cash. See June 15 Tr. at 66:13-67:12 (Snyder, A. Jones).

14. After they got cash, A. Jones and E. Jones decided to go to Sonic, a drive-in, fast-food restaurant, for dinner, so they crossed the street, and, after walking about forty yards, they encountered two women and two or three men in a heated confrontation. See June 15 Tr. at 67:14-68:5 (Snyder, A. Jones).

15. The Sonic is in a part of Albuquerque known as the "War Zone," "because there are gangs, high violence, [and] drugs." June 15 Tr. at 78:11-17 (A. Jones).

16. Albuquerque's "War Zone" -- also known as the "International District" -- is a neighborhood in southeast Albuquerque with prevalent poverty and a high crime rate, and it is "bounded by San Mateo Boulevard on the west, Wyoming Boulevard on the east, Lomas Boulevard on the north and Kirtland Air Force Base on the south." Leslie Linthicum, "Children in an Albuquerque neighborhood dubbed ‘the War Zone’ face an onslaught of risk factors," Santa Fe New Mexican (Feb. 18, 2018), https://www.santafenewmexican.com/news/local_news/children-in-an-albuquerque-neighborhood-dubbed-the-war-zone-face-an-onslaught-of-risk-factors/article_1e5a300b-464c-5cdb-9f7e-e25f51404463.html (last visited July 25, 2020).

17. At 8:21 p.m., A. Jones and E. Jones approached one of the...

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