United States of America v. Jason P. Briscoe

Wichita, Kansas criminal defense lawyer represented the Defendant charged with with possession with intent to distribute 50-plusgrams of methamphetamine, firearm possession in furtherance of a drug-trafficking crime, and felon ammunition and firearm possession.



Officers arrested Briscoe one morning after he ran from a traffic stop through a trailer park. Briscoe was a passenger in the car police pulled over. When caught, Briscoe had two cell phones in his hand and a bullet in his pocket. Police recovered a handgun where an officer thought Briscoe had thrown it—between two trailers, just beyond and across from a hole in a trailer's skirting. Back at the police department, the car's driver told detectives that Briscoe had a red duffel bag with drawstrings when he picked him up. The detectives went back an hour after officers took Briscoe into custody and searched his flight path, finding nothing of interest. After that, an officer and the detectives reviewed dash-cam video of the traffic stop and concluded that Briscoe carried something when he ran from the car. The detectives searched the flight path again after officers took Briscoe into custody and found a maroon bag a foot from where police recovered the handgun. The bag had drawstrings, white lettering, and imagery, and contained a gun, ammunition, marijuana,

methamphetamine, and drug paraphernalia. The items had no useful fingerprints, and police did not test them for DNA.



A jury convicted the Defendant on all counts.



In considering the denial of a § 2255 motion for post-conviction relief, courts

review the district court's findings of fact for clear error and its conclusions of law

de novo.” United States v. Rushin, 642 F.3d 1299, 1302 (10th Cir. 2011).

Affirmed on appeal