United States v. Manokus Fields and Joseph Jackson
United States v. Manokus Fields and Joseph Jackson
Opinion
SUMMARY ORDER
Defendant Manokus Fields appeals the judgment of the District Court sentencing him principally to a term of 97 months’ imprisonment after being found guilty by a jury of conspiracy to distribute and to possess with intent to distribute 280 grams or more of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846. On appeal, defendant contends that the District Court erroneously instructed the jury with regard to the “buyer-seller exception” to conspiracy liability and with regard to its determination of the quantity of cocaine attributable to the defendant. 1 Counsel for defendant Joseph Jackson moves to be relieved as counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and the Government moves to dismiss Jackson’s appeal. We assume the parties’ familiarity with the underlying facts and the procedural history of the case.
I. Jury Instructions
A jury instruction is flawed if “it misleads the jury as to the correct legal standard or does not adequately inform the *34 jury on the law.” United States v. Dinome, 86 F.3d 277, 282 (2d Cir. 1996) (internal quotation marks omitted). Challenged jury instructions are reviewed de novo but will be reversed “only if all of the instructions, taken as a whole, caused a defendant prejudice.” United States v. Bok, 156 F.3d 157, 161 (2d Cir. 1998). Moreover, a district court “enjoys broad discretion in crafting its instructions, which is only circumscribed by the requirement that the charge be fair to both sides.” United States v. Ghailani, 733 F.3d 29, 53 (2d Cir. 2013) (internal quotation marks omitted).
Here, contrary to defendant’s assertions, the jury instructions for both the “buyer-seller exception” and the quantity.of cocaine attributable to defendant were legally correct and not misleading to the jury.
II. Anders Motion
Frank J. Riccio II, counsel for defendant Joseph Jackson, moves for permission to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). The Government moves to dismiss the appeal based on defendant’s waiver of his appellate rights. 2
We agree with Jackson’s counsel and the Government that there were no meritorious issues to be raised on appeal because (1) Jackson’s guilty plea was valid; (2) he knowingly and voluntarily waived his right to appeal; and (3) his sentence was reasonable. However, because Jackson’s waiver did not mention the special assessment and because he explicitly reserved the right to contest the forfeiture of two cash seizures totaling $72, 325.07, they are outside the scope of his waiver and he is not barred from challenging them on appeal. Nevertheless, these claims are not meritorious as both were mandatory under 18 U.S.C. § 3013(a)(2)(A) and 21 U.S.C. § 853(a)(l)-(2) respectively.
CONCLUSION
We have considered all of the arguments brought by the appellants and find them to be without merit. Accordingly, it is hereby ORDERED that the: (1) judgment of the District Court with regard to defendant Manokus Fields is AFFIRMED; (2) the Anders motion with regard to defendant Joseph Jackson is GRANTED; (3) Government’s motion to dismiss is GRANTED with respect to the appeal of defendant Jackson’s conviction, terms of imprisonment, supervised release, and the agreed-upon portion of his forfeiture; and (4) Government’s motion to dismiss with respect to the appeal of defendant Jackson’s special assessment and the contested portion of his forfeiture is construed as a motion for summary affirmance, and, as so construed, is GRANTED.
. In his brief, defendant Fields also argued that the District Court erred in denying his motion for judgment of acquittal on the grounds that insufficient evidence was presented linking him to a charged narcotics conspiracy. During oral argument, however, defendant abandoned this argument and so we decline to address it.
. Jackson claims he was never notified that an attorney had been appointed to represent him on appeal, nor that an Anders brief has been filed in his case. Although the Clerk determined Jackson's response was untimely, we will consider Jackson's response timely filed, based on his actual receipt of the required notice in September.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Manokus FIELDS and Joseph Jackson, Defendants-Appellants. Jayquis Brock, Mark Baskerville, Russell Battles, Stephanie D’Agostino, Sherrod Daniels, Larry DeVore, Harry Diaz, James Dickerson, Steven Dicks, Derron Dickery, Devante Fortune, Maurice Hill, Shamaine Hobby, Edmund Jackson, Sr., James Jenkins, Milton Johnson, Torrence Jones, Demetrius Little, Kristin Longobardi, Eric Lumpkin, Wendel McDuffie, Ryan Moore, Javon Mooring, Gemini Napoleon, Charles Nichols, Raymond Rice, Chanel Sinclair, Roger Sullivan, Eleazar Thompson, Tylan Thompson, Brandon Tolson, Alvin Townsend, Ronnie Washington, Tyrone Williams, Darren Winfrey, Aaron Moore, Defendants.*
- Status
- Unpublished