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United States v. Scales

United States Court of Appeals, Eighth Circuit

November 20, 2013

UNITED STATES of America, Plaintiff-Appellee
v.
Jamarlo Laqueze SCALES, also known as Jamarlo L. Scales, Defendant-Appellant.

Submitted: Sept. 23, 2013.

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[Copyrighted Material Omitted]

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Grant David Binegar, argued, Davenport, IA, for Appellant.

Adam Kerndt, argued, Davenport, IA, for Appellee.

Before RILEY, Chief Judge, BYE and GRUENDER, Circuit Judges.

RILEY, Chief Judge.

Jamarlo Scales pled guilty to possessing with intent to distribute cocaine base, cocaine, and marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B), (C), and (D), and possessing a firearm in furtherance of drug trafficking, in violation of 18 U.S.C. § 924(c)(1)(A). The district court [1] sentenced Scales to three concurrent prison terms of 120 months on the drug counts and one consecutive prison term of 60 months on the firearm count. On appeal, Scales challenges his sentence on a variety of grounds. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

I. BACKGROUND

On December 19, 2011, law enforcement officers arrived at a second-floor apartment responding to a complaint of marijuana odor. Officers detected the marijuana odor. After no one responded to the officers' attempts to make contact, they obtained and executed a search warrant for the apartment. While some officers attempted to enter the apartment, other officers at the rear of the apartment observed two men on the balcony. A third man, later identified as Scales, jumped out

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of a window and fled, carrying a duffel bag. The officers gave chase. In the chase, Scales threw the duffel bag at the officers. Ultimately, Scales was apprehended.

Retrieving the duffel bag, the officers found cocaine base, cocaine, and $76,600 inside the bag. In the apartment, which was not rented to Scales, officers found marijuana and an unloaded Smith & Wesson .357 revolver, among other items. Scales consented to a search of his vehicle, where the officers found more marijuana and cocaine base.

A grand jury returned a superseding indictment charging Scales with three counts of drug trafficking charges and two counts of associated firearm charges, along with a notice of forfeiture. The government filed a motion for preliminary forfeiture of property, which the district court granted on August 24, 2012. Scales pled guilty to the three drug ...


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