Newly Discovered Evidence Results in Remand

U.S. v. Jones, 2009 WL 166489 (1/26/09) (unpub'd) - A very interesting case in which the 10th reverses and remands for the district court to consider newly discovered evidence. The district court elected to believe the officer's version of his interrogation of the defendant that the defendant admitted previously purchasing 63 grams of crack, resulting in an increase in the base offense level based on relevant conduct. The defendant testified he only told the officer how much crack he thought he could get from a dealer, not how much he actually bought. The officer did not remember taping the interview and no interview tape was found by the time of the sentencing hearing. But 3 weeks later the government discovered a transcript of the interview. Lo and behold the transcript tends to support the defendant's version of the interview. Appellate counsel filed an Anders brief, without mentioning the newly found transcript! The defendant brought the matter up on his own. The 10th decided it was best that the trial court decide the factual question of the drug amount first in light of the new evidence. It reversed the sentence and remanded for further proceedings.