United States v. Alejandro Garcia-Lagunas

637 F. App'x 755
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 19, 2016
Docket14-4370
StatusUnpublished

This text of 637 F. App'x 755 (United States v. Alejandro Garcia-Lagunas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Alejandro Garcia-Lagunas, 637 F. App'x 755 (4th Cir. 2016).

Opinions

Affirmed in part, vacated in part, and remanded by unpublished opinion. Judge DIAZ wrote the opinion, in which Judge DUNCAN joined. Senior Judge DAVIS wrote a dissenting opinion.

Unpublished opinions are not binding precedent in this circuit.

DIAZ, Circuit Judge:

A jury convicted Alejandro Garcia-La-gunas of conspiracy to distribute cocaine and possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a), 846. He was sentenced to 188 months’ imprisonment. On appeal, Garcia-Lagunas challenges his conviction, arguing that he was deprived of a fair trial because of several evidentiary errors, including the introduction of ethnically charged evidence. He also challenges his sentence on several grounds, including that the district court miscalculated the U.S. Sentencing Guidelines (the “Guidelines”) range. For the reasons that follow, we affirm Garcia-Lagunas’s conviction, vacate his sentence, and remand for resentencing.

I.

“On appeal from a criminal conviction, we recite the facts in the light most favorable to the government.” United States v. Washington, 743 F.3d 938, 940 (4th Cir. 2014).

A.

On March 27, 2012, Ronnie Reed was arrested in Fayetteville, North Carolina on federal drug trafficking charges. Reed told the law enforcement officers that he had a “Mexican drug supplier” named “Alex.” J.A. 92. Reed led the officers to three trailers in Robeson County — at 33 Sonoma, 47 Sonoma, and 294 Maple Leaf — where he said he had purchased drugs from “Alex.” Reed also gave the officers four telephone numbers that he had previously used to contact “Alex.”

The next day, the police simultaneously executed search warrants on the three trailers. The officers found Garcia-Lagu-nas’s parents at 33 Sonoma and ten kilogram wrappers buried in a lean-to shed behind the trailer at 47 Sonoma. At 294 [758]*758Maple Leaf, officers followed a vehicle that left that location to a trailer at 353 West-cott, Detective Kurt Stein observed Marco Hernandez exit the 353 Westcott trailer from the back, and Detective Pedro Orella-no and Sergeant Gregory Johnson approached him. Orellano confirmed that Hernandez lived at the trailer and obtained his consent to search it.

The officers found Garcia-Lagunas and Brian Jacobs inside the trailer. Garcia-Lagunas had white powder under his nose and appeared “impaired” to Detective Or-ellano. J.A. 248. Garcia-Lagunas identified himself to the officers as Alex. Both Garcia-Lagunas and Jacobs told the officers that they did not live in the trailer. After Sergeant Johnson asked him to empty his pockets, Garcia-Lagunas produced $600 cash and a cell phone. When Detective Stein dialed one of the phone numbers Reed had given the police for “Alex,” Garcia-Lagunas’s phone rang. Later analysis of the phone’s records connected it to several known drug dealers.

The officers searched the trailer. In the kitchen, they found a handgun and several small baggies about one inch by one inch in size. In one bedroom, the officers found body armor; a large digital scale; a small digital scale; a black plastic bag containing a vacuum-sealed bag, which in turn contained about 800 grams of a white powder; and a small baggie of crack cocaine. The white powder field-tested positive for cocaine, but later State Bureau of Investigation (“SBI”) laboratory tests revealed that the powder contained no controlled substance.

B.

A grand jury charged Garcia-Lagunas1 with conspiring to distribute and possess with the intent to distribute 500 grams of cocaine, in violation of 21 U.S.C. §§ 841(a), 846, and unlawfully reentering the United States after having previously been deported, in violation of 8 U.S.C. § 1326(a). He pleaded guilty to the unlawful reentry charge and proceeded to trial on the conspiracy charge.

Before trial, the government gave notice of its intention to call Detective Shawn Collins as an expert witness, stating that he would “testify about drug trafficking investigations and methods utilized by drug traffickers to operate and protect their drug business.” J.A. 32. The district court also agreed to provide Garcia-Lagunas with a Spanish interpreter for the proceedings.

Collins was the government’s first witness, testifying both as an expert and as an officer who had participated in the investigation and the relevant searches. After hearing testimony about Collins’s training and experience, the district court ruled that Collins could testify as an expert in the field of narcotics investigations.

According to Collins, the white powder could have field-tested positive for cocaine and still have been found to contain no controlled substance in SBI’s laboratory analysis if someone had added an excessive amount of cutting agent to the cocaine, such that “when the lab sampled a small amount of that 800 grams of cocaine there ... wasn’t enough cocaine in it to even register with the SBI or the instruments they were using.” J.A. 111.

Collins also told the jury that Garcia-Lagunas was “an alien illegally in the United States.” J.A. 150. After the prosecution asked Collins if he saw that Garcia-Lagunas was “being assisted with the help of an interpreter” in court, Collins testified that his informants had not indicated that they had needed to use Spanish [759]*759in their dealings with Garcia-Lagunas. J.A. 150-51. Moreover, Collins testified that Garcia-Lagunas “appeared to be fluent in English.” J.A. 151.

Four drug dealers — Reed, Jacobs, Thomas Brewington, and Antonio Lock-lear — each testified pursuant to plea agreements to having bought cocaine from Garcia-Lagunas. They each said that they had spoken to Garcia-Lagunas in English. They also testified that they did not know each other. Hernandez, the owner of the trailer at 353 Westcott, testified, also pursuant to a plea agreement, that Garcia-Lagunas had been staying in the room in which the body armor and scales had been found for about four weeks leading up to the arrest.

Detective Orellano testified about his participation' in the relevant searches and the evidence that he and Stein found in the 353 Westcott trailer. During its cross-examination of Orellano, the defense elicited testimony regarding the relatively squalid state of Garcia-Lagunas’s living conditions. On redirect, Orellano told the jury that he had extensive experience investigating “Hispanic drug traffickers,” and that “they’re very modest living” because “they send the majority if not all the proceeds back to their native countries.” J.A. 270. Defense counsel objected. Asked to explain the relevance of Orella-no’s testimony, the government said that it rebutted the defense’s implied argument “that it would be impossible for the defendant to have dealt these large amounts of cocaine and taken in this large amount of money because he’s living in relatively low level conditions.” J.A. 271. Defense counsel responded that Orellano had not been qualified as an expert. After confirming that Orellano’s testimony was based on his training and experience, the district court overruled the objection.2 The government referred to this testimony during its closing argument to explain Garcia-Lagunas’s lack of an “extravagant lifestyle.” J.A. 520.

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637 F. App'x 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-alejandro-garcia-lagunas-ca4-2016.