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U.S. v. JONES

Nos. 93-4240, 94-4030.

49 F.3d 628 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip Ellisor JONES, also known as Phillip Jones, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Talfred BROWN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 2, 1995.

Attorney(s) appearing for the Case

Randy S. Ludlow, Salt Lake City, UT, for defendant-appellant Phillip Ellisor Jones.

Bruce C. Lubeck, Asst. U.S. Atty. (Scott M. Matheson, Jr., U.S. Atty., with him on the briefs), Salt Lake City, UT, for plaintiff-appellee U.S. of America in case No. 93-4240.

Edward K. Brass, Salt Lake City, UT, on the briefs, for defendant-appellant Talfred Brown.

Scott M. Matheson, Jr., U.S. Atty., and Bruce C. Lubeck, Asst. U.S. Atty., Salt Lake City, UT, on the briefs, for plaintiff-appellee U.S. of America in case No. 94-4030.

Before SEYMOUR, Chief Circuit Judge; MOORE, Circuit Judge; and SAFFELS, District Judge.

JOHN P. MOORE, Circuit Judge.

These appeals arise from the same trial in which both appellants were jointly accused. We combine them here for ease of disposition. After reviewing the record, we conclude the government failed in its burden of proof and thus vacate the judgments of conviction.

Talfred Brown and Phillip Ellisor Jones were convicted of possession of a controlled substance with intent to distribute, 21 U.S.C. § 841(a)(1), and of carrying and...

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