United States v. Alfonso Torres-Chavez

744 F.3d 988, 93 Fed. R. Serv. 1102, 2014 WL 866424, 2014 U.S. App. LEXIS 4229
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 6, 2014
Docket13-1340
StatusPublished
Cited by34 cases

This text of 744 F.3d 988 (United States v. Alfonso Torres-Chavez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Alfonso Torres-Chavez, 744 F.3d 988, 93 Fed. R. Serv. 1102, 2014 WL 866424, 2014 U.S. App. LEXIS 4229 (7th Cir. 2014).

Opinion

KANNE, Circuit Judge.

Alfonso Torres-Chavez appeals his convictions on seven felony counts related to his participation in a conspiracy to distribute cocaine. He challenges three decisions by the district court: (1) the admission of testimony from a co-conspirator concerning that co-conspirator’s prior uncharged drug-dealing activity with the defendant; (2) the denial of the defendant’s motion attacking the sufficiency of the evidence identifying the defendant as the individual recorded on a series of incriminating telephone calls; and (3) the refusal to consider post-verdict statements made by several jurors in subsequent voir dire proceedings concerning their ability to follow the court’s instructions. Finding no basis for reversal, we affirm.

I. Background

Torres-Chavez’s jury trial commenced on September 26, 2011. On September 29, the jury returned a guilty verdict, thereby convicting Torres-Chavez on one count of conspiring with intent to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. § 846; one count of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1); and three counts of using a cellular telephone to facilitate the *990 distribution conspiracy, in violation of 21 U.S.C. § 843(b). On February 4, 2013, the district court sentenced Torres-Chavez to a total of 168 months’ imprisonment, plus five years of supervised release. On appeal, Torres-Chavez raises three claims relating to the conduct of his trial. We briefly introduce each below.

A. Other Crimes Evidence

The government’s star witness was Bar-tolo Lucatero, a coconspirator. Lucatero was charged along with Torres-Chavez, but agreed to cooperate with the government in exchange for leniency. Among other things, Lucatero testified about the trusting nature of his relationship with the defendant in the years leading up to the formation of the charged conspiracy. It was a business relationship founded on a shared history of drug trafficking. Torres-Chavez objected to Lucatero’s testimony about prior instances in which Torres-Chavez recruited Lucatero to accompany a truck driver on a trip transporting marijuana from Phoenix to Chicago. He also objected to testimony concerning prior uncharged cocaine transactions in which the two were involved. The district court admitted the evidence under Fed.R.Evid. 404(b)(2) for the purpose of establishing the relationship between Lucatero and Torres-Chavez. The court contemporaneously instructed the jury to consider the evidence only for that limited purpose.

B. Sufficiency of the Identification Evidence

At trial, the government played a series of recorded telephone calls to the jury. Torres-Chavez was caught as a part of a larger operation targeting “La Familia,” a drug trafficking cartel based in Michoaeán, Mexico, and operating in the Chicago area. Government wiretaps on phones used by one José Gonzalez-Zavala, known in La Familia as “Panda,” captured twenty-six conversations about the cocaine transaction underlying the indictment. Twelve of those conversations were with an individual referred to as “Güero,” whom the government sought to prove was Torres-Chavez. Toward that end, Lucatero identified Torres-Chavez as Güero, and a contract linguist from the Drug Enforcement Agency testified that the voices matched, as did an additional conspirator. Finally, the government sought to connect Güero to an O’Hare Airport flight record under the name “Alfonso Chavez” on the same day Güero told Panda he needed to catch a plane.

On November 4, 2011, several weeks after the verdict was returned, Torres-Chavez filed a motion for a judgment of acquittal pursuant to Fed.R.Crim.P. 29(c)(1). In it, he argued that the evidence was not sufficient to prove that Torres-Chavez was Güero. The district court found that it was.

C.Juror Statements

After returning the guilty verdict in this case, several jurors were placed back into the Northern District jury pool. Five were questioned during voir dire in connection with subsequent trials, particularly concerning whether a defendant’s failure to testify in his own defense would influence their deliberative process. Three gave potentially problematic answers, referencing Torres-Chavez’s failure to testify in his trial and suggesting that they could not help but draw an adverse inference. The United States Attorney’s Office brought these statements to defense counsel’s attention, and defense counsel included an allegation of juror bias in his November 4 motion for a judgment of acquittal. The district court found the juror statements inadmissible under Fed.R.Evid. 606(b) and, in the al *991 ternative, held that the statements did not show that Torres-Chavez received an unfair trial.

II. ANALYSIS

Torres-Chavez believes he is entitled to a new trial for three reasons. First, he argues that the district court erred by admitting Lucatero’s testimony describing prior bad acts, because he believes those bad acts were not themselves proved by sufficient evidence. Second, he argues that the district court erred by denying his motion for a judgment of acquittal based on the alleged paucity of evidence identifying him as “Güero” on the incriminating telephone calls. Third, he argues that the juror statements gathered from unrelated court proceedings are admissible, and that they prove that the jury in his case was biased. We address the issues sequentially, and we affirm the judgment of the district court.

A. Rule Wtíb) Evidence

Federal Rule of Evidence 404(b) prohibits the admission of evidence of an uncharged crime, wrong, or other act committed by the defendant when it is used to prove the defendant’s character and that the defendant acted in accordance with that character on a particular occasion. Fed.R.Evid. 404(b)(1). Such evidence may be admissible, however, when it is introduced to prove an issue other than propensity, including but not limited to motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. Fed.R.Evid. 404(b)(2); United States v. Taylor, 522 F.3d 731, 735 (7th Cir.2008) (Rule 404(b)(2)’s list is “not exhaustive”).

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

Related

United States v. Antwan Eiland
Seventh Circuit, 2025
Harper v. United States
W.D. Wisconsin, 2024
United States v. Marcos Bahena
71 F.4th 632 (Seventh Circuit, 2023)
Page, Pierre v. Kosbob, Brad
W.D. Wisconsin, 2023
United States v. Ernesto Godinez
7 F.4th 628 (Seventh Circuit, 2021)
United States v. Chawan Lowe
2 F.4th 652 (Seventh Circuit, 2021)
United States v. Jeremy Wade
Seventh Circuit, 2020
United States v. Andres Garcia
Seventh Circuit, 2019
Torres-Chavez v. United States
828 F.3d 582 (Seventh Circuit, 2016)
United States v. Fifer
188 F. Supp. 3d 810 (C.D. Illinois, 2016)
United States v. David Weimert
819 F.3d 351 (Seventh Circuit, 2016)
United States v. Rick Boros
636 F. App'x 688 (Seventh Circuit, 2016)
United States v. Abidemi Ajayi
808 F.3d 1113 (Seventh Circuit, 2015)
United States v. Joshua Bowser
782 F.3d 793 (Seventh Circuit, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
744 F.3d 988, 93 Fed. R. Serv. 1102, 2014 WL 866424, 2014 U.S. App. LEXIS 4229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-alfonso-torres-chavez-ca7-2014.