United States v. Abraham Vara

476 F. App'x 554
Court of Appeals for the Fifth Circuit·Decided April 17, 2012·No. 10-51194·Unpublished

Opinions

PER CURIAM: *

Abraham Isidiro Vara was convicted by a jury of knowingly importing marijuana, 21 U.S.C. §§ 952(a), 960(a)(1), (b)(4); and knowingly possessing marijuana with intent to distribute, 21 U.S.C. § 841(a)(1), (b)(1)(D), and sentenced to thirty-three months imprisonment. On appeal, Vara argues that the district court erred in denying his motion for judgment of acquittal on the ground that the government failed to introduce sufficient evidence to support a finding beyond a reasonable doubt that he knew that the used car he had recently bought contained marijuana concealed in hidden compartments. We conclude that the evidence was insufficient to prove the requisite scienter beyond a reasonable doubt. Accordingly, we REVERSE Vara’s conviction.

BACKGROUND

On August 20, 2009, Vara, a United States citizen, drove from Mexico to the [556] U.S. border checkpoint at Eagle Pass, Texas. The primary inspection officer referred Vara to secondary inspection.1 At secondary inspection, Customs and Border Protection Agent Felix Garza questioned Vara about his itinerary. According to Agent Garza, Vara presented his U.S. passport and stated that he had been on a visit in Mexico and that he was going to Houston, Texas. The government introduced no evidence regarding Vara’s home address or the purpose or duration of his visit to Mexico. Agent Garza noticed “a slight shakiness in [Vara’s] hands” when Vara presented his passport. Vara told Agent Garza that he had purchased the car he was driving — a 1995 Chevrolet Monte Carlo with Texas license plates— three days before “from some guy” in Mexico for $1000. Agent Garza did not testify that he asked Vara for a title or proof of insurance relating to the car, nor did he testify that he asked Vara any follow up questions regarding the identity of the individual Vara had purchased the car from. Agent Garza noticed dui'ing the questioning that Vara “was avoiding eye contact several times.” During a canine search of the car, the dog showed interest in the back seat. Agent Garza inspected the back seat area but found nothing. However, x-ray imaging revealed brick-like objects in the car’s rear quarter panels. Agents removed the upholstered surface on the interior of the rear quarter panels and discovered 19.11 kilograms of marijuana concealed in hidden compartments. No effort was made to lift fingerprints from the compartments or the packages of marijuana. The record does not indicate whether Vara was ever asked whether he knew of the existence of the hidden compartments or the marijuana concealed within. Immigration and Customs Enforcement Agent Christopher Conley testified that the marijuana would sell for approximately $12,000 in Texas.

Agent Garza testified that a “border crossing record,” which the government introduced without objection, indicated that Vara had previously crossed into the United States at Eagle Pass driving the same Monte Carlo on August 19, 2009, the day before his arrest. Agent Conley testified without objection about a drug smuggling practice he referred to as “burning plates,” whereby an individual intending to smuggle drugs from Mexico into the United States crosses the border without drugs shortly before the operation, in the vehicle he or she intends to use to smuggle drugs, to determine whether the vehicle attracts the notice of border patrol agents at the checkpoint. Agent Conley did not express any opinion or conclusion about whether Vara was “burning plates” on his first border crossing. Agent Conley also testified that he had recently confirmed that Vara visited the Fred Loya auto insurance agency in Eagle Pass on August 19, 2009 after entering the United States. There is no indication in the record of why Agent Conley contacted the insurance agency, how he confirmed that Vara had visited the insurance agency, or whether he determined if Vara had purchased auto insurance that day.

The Texas Certificate of Title to the Monte Carlo, which Vara’s attorney introduced into evidence without objection by the government, was not made out in Vara’s name. Instead, the document indicates that as of June 30, 2008 — the date the title was issued — the vehicle’s “previ[557] ous owner” was Jose Luis Hernandez of Eagle Pass, Texas, and that the “owner” was Blanca M. Quintero, of 2173 Del Rio Boulevard in Eagle Pass. The government does not contest the validity or authenticity of the certificate of title. Indeed, in its closing argument, the prosecution stated to the jury that “[t]he title hasn’t been changed over” and that the government “d[oes not] dispute [that] the title is in a different owner’s name.”

The government presented only two witnesses at trial, Agent Garza and Agent Conley. In addition to the border crossing record, the government introduced several photographs of the Monte Carlo, the dismantled hidden compartments, and the marijuana. At the close of the government’s evidence, Vara moved for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29, arguing that the government had failed to present evidence beyond mere possession and control of the vehicle that could support a finding of knowing possession of the marijuana beyond a reasonable doubt. The district court denied Vara’s Rule 29 motion. Vara did not testify, and his attorney introduced into evidence only the above-referenced motor vehicle title certificate.

The jury found Vara guilty, and the district court sentenced him to thirty-three months imprisonment. Vara timely appealed.

STANDARD OF REVIEW

Free access — add to your briefcase to read the full text and ask questions with AI

United States v. Abraham Vara, 476 F. App'x 554 (5th Cir. 2012).

476 F. App'x 554 (United States v. Abraham Vara) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

United States v. Pettigrew
77 F.3d 1500 (Fifth Circuit, 1996)
United States v. Reyna
148 F.3d 540 (Fifth Circuit, 1998)
United States v. Ramos-Garcia
184 F.3d 463 (Fifth Circuit, 1999)
United States v. Gamez-Gonzalez
319 F.3d 695 (Fifth Circuit, 2003)
United States v. Villarreal
324 F.3d 319 (Fifth Circuit, 2003)
United States v. Martinez-Lugo
411 F.3d 597 (Fifth Circuit, 2005)
United States v. Rojas Alvarez
451 F.3d 320 (Fifth Circuit, 2006)
United States v. Charles
469 F.3d 402 (Fifth Circuit, 2006)
United States v. Frye
489 F.3d 201 (Fifth Circuit, 2007)
United States v. Mendoza
522 F.3d 482 (Fifth Circuit, 2008)
United States v. Clark
577 F.3d 273 (Fifth Circuit, 2009)
Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
United States v. David N. Williams-Hendricks
805 F.2d 496 (Fifth Circuit, 1986)
United States v. Mack Allen Richardson
848 F.2d 509 (Fifth Circuit, 1988)
United States v. Jose Angel Diaz-Carreon
915 F.2d 951 (Fifth Circuit, 1990)
United States v. Rodolfo Gonzalez-Lira
936 F.2d 184 (Fifth Circuit, 1991)
United States v. Antonio Lopez
74 F.3d 575 (Fifth Circuit, 1996)