RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 19a0041p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, ┐ Plaintiff-Appellee, │ │ > Nos. 17-3896/3902 v. │ │ │ KENNETH J. JACKSON, JR. (17-3896); ANTOWINE │ PALMER (17-3902), │ Defendants-Appellants. │ ┘ Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 1:15-cr-00453-1—Patricia A. Gaughan, District Judge. Argued: July 26, 2018 Decided and Filed: March 12, 2019 Before: WHITE, DONALD, and LARSEN, Circuit Judges. _________________ COUNSEL ARGUED: Kevin M. Cafferkey, Cleveland, Ohio, for Appellant in 17-3896. Jaime P. Serrat, JAIME P. SERRAT LLC, Cleveland, Ohio, for Appellant in 17-3902. Matthew B. Kall, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee. ON BRIEF: Kevin M. Cafferkey, Cleveland, Ohio, for Appellant in 17-3896. Jaime P. Serrat, JAIME P. SERRAT LLC, Cleveland, Ohio, for Appellant in 17-3902. Matthew B. Kall, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee. Nos. 17-3896/3902 United States v. Jackson, et al. Page 2 _________________ OPINION _________________ HELENE N. WHITE, Circuit Judge. A jury convicted Kenneth Jackson, Jr. of three counts of carjacking and three counts of using, carrying, or possessing a firearm during a crime of violence, and Antowine Palmer of one count of carjacking and one count of using, carrying, or possessing a firearm during a crime of violence. In this consolidated appeal, defendants challenge their convictions and aspects of their sentences. We vacate one of Jackson’s firearms convictions and remand for resentencing. We affirm in all other respects. I. Background A. Pre-Trial Proceedings 1. Indictment and Guilty Pleas In December 2015, Jackson, Palmer, Tervon’tae Taylor, D’Wan Dillard, Jr., and Calvin Rembert were charged with multiple violations of 18 U.S.C. § 2119(2)—carjacking resulting in serious bodily injury—and 18 U.S.C. § 924(c)(1)(A)(ii)—using, carrying, or possessing a firearm during a crime of violence. Palmer was also charged with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). In August 2016, Rembert and Taylor both entered guilty pleas pursuant to agreements with the government.1 Rembert’s and Taylor’s plea agreements required that they cooperate with the government and testify against their co-defendants. In November 2016, Dillard entered a guilty plea pursuant to a plea agreement; Dillard did not testify at trial. 1Taylor’sinitial guilty plea was vacated after he violated the terms of his plea agreement by providing trial testimony that was not consistent with the factual basis for his plea and, specifically, for refusing to incriminate Jackson and Palmer with respect to certain charges. Taylor subsequently entered a new guilty plea on all of the same counts and executed a new plea agreement with the government. Just as in his original plea, Taylor’s second plea agreement incriminated Jackson and Palmer with respect to the dismissed charges. Nos. 17-3896/3902 United States v. Jackson, et al. Page 3 Palmer moved for a bifurcated trial, asking that the trial on the felon-in-possession charge be severed from the other charges against him to avoid undue ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals