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EVIDENCE – STATEMENT FROM CONF. before Cruz-Ortiz arrived, but did not enter any
INFORMANT stores. Jones was not searched or arrested on
either date, and law enforcement officers were
Upon sua sponte panel rehearing, we withdraw
unable to definitively ascertain the content of the
our prior opinion, United States v. Jones, 924 F.3d
bags. On October 6, 2016, Jones was again
219 (5th Cir. 2019), and substitute the following:
observed in the Target parking lot moving from
Coy Jones was convicted by a jury of possessing spot to spot, but he left without meeting anyone.
and conspiring to possess with the intent to Detective Michelle Langham, one of the case
distribute methamphetamine, possessing a firearm agents on the investigation, testified that she
as a convicted felon, and possessing a firearm in believed Jones left because he spotted surveillance
furtherance of a drug trafficking crime. We hold units.
that Jones’s rights under the Confrontation Clause
About six months later, on April 3, 2017, law
were violated when a law enforcement officer
enforcement officers—again acting on a tip from
testified that he knew Jones had received a large
their confidential informant—conducted
amount of methamphetamine because of what the
surveillance of the parking lot of a Valero/Wag-A-
officer was told by a confidential informant. This
Bag gas station. Detective Langham testified that
error was not invited by the defense and was not
the surveillance team observed Jones arrive, pull
harmless. We therefore vacate Jones’s convictions
up to the gas pumps, drive back and forth in the
and the related revocation of his supervised
area for about an hour, return to the parking lot,
release and remand for further proceedings.
and meet up with Cruz-Ortiz’s vehicle. Both
Jones was arrested in the course of an vehicles then drove out of the parking lot in
investigation into suspected large-scale tandem. Detective Langham acknowledged that
methamphetamine distribution by Eredy Cruz- she did not observe any exchange of items
Ortiz. Acting on tips from a confidential between Jones and Cruz-Ortiz and she did not stop
informant, law enforcement officers observed Jones or seize any drugs on this date.
Cruz-Ortiz meet with various individuals in
The central events in this case occurred on May 3,
Austin-area parking lots between August 2016 and
2017. Special Agent Royce Clayborne received a
May 2017. On August 23, 2016, for instance,
tip from the confidential informant that a drug deal
Cruz-Ortiz met with Imran Rehman to sell him
would occur at the same Valero on May 3, 2017. A
methamphetamine. Rehman later testified that he
surveillance team set up in the area and observed
met with Cruz-Ortiz about 25 to 30 times to
Jones arrive and pull alongside a truck driven by
purchase methamphetamine. Another individual,
someone they identified as Cruz-Ortiz’s
Julio Rogel Diaz, met with Cruz-Ortiz in a parking
roommate. Detective Langham testified that Jones
lot on September 23, 2016, and was subsequently
gestured to the other driver, and both vehicles
stopped by law enforcement with about 700 grams
drove off together. Officers followed the two
of methamphetamine.
vehicles as they left the gas station and traveled
Law enforcement officers also observed Jones down County Road 213, a lightly traveled rural
meet with Cruz-Ortiz on several occasions. On road. The vehicles briefly passed out of view.
both September 20 and September 28, 2016, Jones When Detective Langham drove by, she saw the
was seen briefly entering Cruz-Ortiz’s vehicle in a two vehicles meet for less than a minute in a dirt
Target parking lot and leaving the vehicle holding pull-off on the side of the road and then drive off
a bag. On the latter occasion, Jones drove from in different directions. Nobody saw any
parking spot to parking spot for about an hour transaction or exchange of items between Jones
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