United States v. Albert Vazquez

428 F. App'x 945
CourtCourt of Appeals for the Eleventh Circuit
DecidedJune 6, 2011
Docket10-12140, 10-12725
StatusUnpublished

This text of 428 F. App'x 945 (United States v. Albert Vazquez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Albert Vazquez, 428 F. App'x 945 (11th Cir. 2011).

Opinion

PER CURIAM:

In this consolidated appeal, Albert and Jesse Vazquez (collectively “defendants”) appeal their convictions and sentences for conspiracy to possess with intent to distribute and distributing 500 grams or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). Defendants argue that the evidence was insufficient to sustain their convictions for conspiracy to distribute and for possession of a firearm in furtherance of a drug trafficking crime. Albert Vazquez also argues that the district court erred in calculating the amount of cocaine attributable to him at sentencing. After thorough review, we affirm defendants convictions and sentences for conspiracy to distribute and possession of a firearm in furtherance of a drug trafficking crime.

I.

We review de novo whether the evidence was sufficient to sustain a conviction. United States v. Jiminez, 564 F.3d 1280, 1284 (11th Cir.2009). We “view the evidence in the light most favorable to the government, with all reasonable inferences and credibility choices made in the government’s favor.” United States v. Martinez, 83 F.3d 371, 374 (11th Cir.1996). “We will not overturn a conviction on grounds of insufficient evidence ‘unless no rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ ” United States v. Wright, 392 F.3d 1269, 1273 (11th Cir.2004) (quoting United States v. Christo, 129 F.3d 578, 579 (11th Cir.1997)).

A.

“To sustain a conviction for conspiracy to distribute narcotics the government must prove (1) that an agreement existed between two or more people to distribute the drugs; (2) that the defendant at issue knew of the conspiratorial goal; and (3) that he knowingly joined or participated in the illegal venture.” United States v. Brown, 587 F.3d 1082, 1089 (11th Cir.2009) (quotation marks omitted). “If a defen *947 dant’s actions facilitated the endeavors of other co-conspirators, or facilitated the venture as a whole, a single conspiracy is established.” Id. (quotation marks omitted).

Mere presence in the location where a narcotics transaction took place is insufficient to sustain a conspiracy to distribute conviction. United States v. Sullivan, 763 F.2d 1215, 1218-19 (11th Cir.1985) (holding evidence that defendant drove to parking lot and walked inside hotel with other men who were involved in a marijuana transaction insufficient); see also United States v. Hernandez, 896 F.2d 513, 519-20 (11th Cir.1990) (holding evidence that defendant was present in and around the car from which narcotics were delivered insufficient even when paired with “flight” from scene); United States v. Pintado, 715 F.2d 1501, 1505 (11th Cir.1983) (holding evidence that defendant was hiding in a closet in a bedroom of the house where the marijuana transaction took place insufficient). Nor is mere association with conspirators sufficient evidence to establish knowing participation in a conspiracy. See Sullivan, 763 F.2d at 1218.

The government presented evidence establishing more than defendants’ mere presence at the location of the narcotics transaction and association with conspirators. At trial, Adam Longoria, one of defendants’ alleged coconspirators, testified that he participated in a narcotics transaction during the time frame charged in the indictment involving a kilogram of cocaine with Richard Caraballo and defendants. Longoria also testified that he arranged the meeting with Caraballo and potential buyers at which the group agreed to carry out the narcotics transaction at Caraballo’s house that law enforcement raided on December 10, 2008. Longoria and an undercover detective both testified that at this meeting Longoria and Caraballo told the buyers that Caraballo’s cocaine suppliers were from Bradenton, Florida and would be present at the December 10 transaction. The government established that defendants are from Bradenton and were in Caraballo’s home on December 10 watching the prearranged drug transaction from an adjoining room. No one else other than defendants, Caraballo and the buyers were inside Caraballo’s house around the time of the drug transaction. Viewing the evidence in the light most favorable to the government, we conclude that the government established that defendants knowingly participated in a drug conspiracy.

B.

Defendants next challenge their convictions for possession of a firearm in furtherance of a drug trafficking crime. See 18 U.S.C. § 924(c). “The mere presence of a firearm in an area where a criminal act occurs is not a sufficient basis for imposing this particular mandatory sentence.” United States v. Timmons, 283 F.3d 1246, 1252 (11th Cir.2002) (quotation marks omitted). “Rather, the government must illustrate through specific facts, which tie the defendant to the firearm, that the firearm was possessed to advance or promote the criminal activity.” Id. A “nexus between the gun and the drug operation can be established by ... accessibility of the firearm, ... whether the gun is loaded, proximity to the drugs or drug profits, and the time and circumstances under which the gun is found.” Id. at 1253 (quotation marks omitted).

When undercover detectives arranged the December 10, 2008 drug deal, Caraballo warned the officers that everyone at the transaction would be “strapped,” i.e., carrying a firearm. Although Longoria never saw Albert Vazquez holding a gun on December 10, he testified that he saw Albert peek out of the door of Caraballo’s house while touching his waistband in a manner *948 that made Longoria think that Albert had a firearm. Longoria also testified that when the drug deal did not go as planned, Albert became angry, touched his waistband again and told Longoria that “[you are] lucky [I] don’t pop your ass.”

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

Related

United States v. Christo
129 F.3d 578 (Eleventh Circuit, 1997)
United States v. Cooper
203 F.3d 1279 (Eleventh Circuit, 2000)
Drew v. Department of Corrections
297 F.3d 1278 (Eleventh Circuit, 2002)
United States v. Hristomir Boyanov Hristov
466 F.3d 949 (Eleventh Circuit, 2006)
United States v. Robertson
493 F.3d 1322 (Eleventh Circuit, 2007)
United States v. Mercer
541 F.3d 1070 (Eleventh Circuit, 2008)
United States v. Jiminez
564 F.3d 1280 (Eleventh Circuit, 2009)
United States v. Brown
587 F.3d 1082 (Eleventh Circuit, 2009)
United States v. Alberto Pintado
715 F.2d 1501 (Eleventh Circuit, 1983)
United States v. Jesse Wright, Jr., A.K.A. Jessie Wright
392 F.3d 1269 (Eleventh Circuit, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
428 F. App'x 945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-albert-vazquez-ca11-2011.