USA v. Malon Jackson

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UNPUBLISHED OPINION FILED. [09-20672 Affirmed ] Judge: WED , Judge: JES , Judge: LHS Mandate pull date is 11/17/2010 for Appellant Malon Jackson; denying motion to relieve attorney filed by Appellant Mrs. Malon Jackson [6548413-2]; denying motion to appoint counsel filed by Appellant Mrs. Malon Jackson [6548413-3] [09-20672]

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USA v. Malon Jackson se: 09-20672 Ca Document: 00511276549 Page: 1 Date Filed: 10/27/2010 Doc. 0 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 09-20672 S u m m a r y Calendar October 27, 2010 Lyle W. Cayce Clerk U N IT E D STATES OF AMERICA, P la in t iff - Appellee v. M A L O N JACKSON, also known as Samera Zaid, D e fe n d a n t - Appellant A p p e a l from the United States District Court fo r the Southern District of Texas U S D C No. 4:08-CR-569-2 B e fo r e DAVIS, SMITH, and SOUTHWICK, Circuit Judges. P E R CURIAM:* M a lo n Jackson pled guilty and was given a 65-month sentence for one c o u n t of conspiracy to commit mail fraud, wire fraud, and bank fraud, and for o n e count of aggravated identity theft and aiding and abetting. O n appeal, Jackson argues that the district court erred by applying a fourle v e l enhancement pursuant to U.S.S.G. 3B1.1 based on Jackson's role as a le a d e r or organizer in the offense. The determination that a defendant is a le a d e r or organizer is ordinarily a factual finding reviewed by this court for clear Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Dockets.Justia.com Case: 09-20672 Document: 00511276549 Page: 2 Date Filed: 10/27/2010 No. 09-20672 error. United States v. Cabrera, 288 F.3d 163, 173 (5th Cir. 2002). The G o v e r n m e n t argues, however, that because Jackson withdrew her objection to t h e enhancement, review is for plain error. W it h respect to Jackson's contention that she did not act as a leader or o r g a n iz e r of the conspiracy, there was no error, plain or otherwise. The facts in t h e presentence report and Jackson's own admissions during her rearraignment p r o v i d e evidence that she recruited Leslie Washington to participate in the c o n s p ir a c y , provided her with information to open fraudulent credit card a c c o u n t s , and paid Washington for her expenses. Further, Washington collected fr a u d u le n t credit cards that were mailed to various addresses and forwarded t h o s e credit cards to Jackson at addresses she provided. Jackson also recruited a t least three other individuals to participate in the conspiracy. There was t h e r e fo r e no error in the district court's conclusion that Jackson acted as a leader o r organizer in the conspiracy. See United States v. Giraldo, 111 F.3d 21, 24 (5th C ir . 1997). J a c k s o n has moved this court pro se to dismiss her counsel and to appoint s u b s t it u te counsel. "Counsel may be relieved upon a showing that there is a c o n flic t of interest or other most pressing circumstances or that the interests of ju s tic e otherwise require relief of counsel." Fifth Circuit Plan For R e p r e s e n t a t io n under the Criminal Justice Act 5(B). Jackson has failed to m a k e such a showing. F o r the foregoing reasons, the judgment of the district court is A F F IR M E D . Jackson's motion to dismiss retained counsel and to have new c o u n s e l appointed is DENIED. Jackson may bring any "ineffective assistance o f counsel" claims in a 28 U.S.C. 2255 motion. 2

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