United States v. Aponte

619 F.3d 799, 2010 U.S. App. LEXIS 18243, 2010 WL 3419686
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 1, 2010
Docket09-3461, 09-3569
StatusPublished
Cited by15 cases

This text of 619 F.3d 799 (United States v. Aponte) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Aponte, 619 F.3d 799, 2010 U.S. App. LEXIS 18243, 2010 WL 3419686 (8th Cir. 2010).

Opinions

MELLOY, Circuit Judge.

Luis Jose Aponte and Christian Tapia-Valentin were traveling in a sport utility vehicle near Omaha, Nebraska when law enforcement officers stopped them for a traffic violation. The officers found approximately one kilogram of a methamphetamine mixture inside the plastic lining of a round cooler located in the cargo area of the vehicle. Both men were convicted of possession with intent to distribute 500 grams or more of a methamphetamine mixture in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(A)(viii). In this appeal, Aponte and Tapia-Valentin contend that the district court should have granted their motions for a judgment of acquittal because the evidence was insufficient for a jury to reasonably conclude that they knew of the drugs inside the lining of the cooler. We reverse.

I.

At approximately 2:30 P.M. on January 13, 2009, Deputy Jason Bargstadt of the Douglas County Sheriffs Department stopped a Nissan Xterra because the state name on the license plate was obstructed and because it was following closely behind another vehicle. Aponte was driving the vehicle and Tapia-Valentin was a front-seat passenger. Bargstadt asked Aponte [801]*801if the vehicle belonged to him. He replied that the vehicle belonged to a friend, “Victoria, Victoria, Maria Maria, Victoria Asha-ga.” Aponte then produced an Illinois driver’s license and an Illinois registration showing that the car belonged to Maria V. Usuga. Tapia-Valentin said he did not have a driver’s license, but he provided a valid passport as identification.

Aponte then accompanied Bargstadt back to the cruiser, where Bargstadt asked where the two men were going and why. Aponte stated that the two men were traveling to Cheyenne, Wyoming — although he mispronounced “Cheyenne” — to visit Aponte’s cousin for a couple of days. Bargstadt then asked Aponte about the owner of the vehicle. Aponte explained that her name was Victoria and that she used to work for Aponte at a restaurant that he owned in Chicago. Aponte could not recall Victoria’s last name, but he responded affirmatively after Bargstadt asked, “Is it Usuga?” Aponte offered to call the owner of the car, but Deputy Bargstadt said “that’s fine.” Bargstadt then asked if Aponte was employed, and Aponte explained that he had sold his restaurant in Chicago. Next, Bargstadt asked Aponte about his relationship with Tapia-Valentin. Aponte responded that the two knew each other for about two years and that Tapia-Valentin previously lived in New York. Aponte added that Tapia-Valentin was also a former employee at the restaurant.

Another Sheriffs Department officer arrived on the scene, and Bargstadt asked Aponte to go sit in the recently arrived cruiser. After Aponte exited Bargstadt’s cruiser, Bargstadt asked a DEA special agent via telephone to run criminal history checks on Aponte and Tapia-Valentin. Both checks came back negative for any record or warrants. By the time Bargs-tadt learned the results of the criminal history checks, a third officer arrived on the scene. While Aponte was in the second cruiser, he again said that the two men were traveling to Cheyenne to see Aponte’s cousin.

Bargstadt returned Aponte’s driver’s license and asked if everything in the vehicle belonged to him and Tapia-Valentin, and Aponte said yes. Bargstad asked whether the vehicle contained anything illegal, including drugs, or large amounts of money. Aponte responded no to each question. Bargstad then asked for consent to search the vehicle, which Aponte granted.

Bargstadt then approached the passenger side of the vehicle and had a short conversation with Tapia-Valentin, who stated that the two men were going to Cheyenne for a couple of days to see Aponte’s cousin. Tapia-Valentin also said that he lived in Chicago and used to live in New York. Upon Bargstadt’s request, Ta-pia-Valentin exited the Xterra and entered the first cruiser. Aponte remained in the second cruiser while the three officers began searching the vehicle on the side of the highway.

The officers focused primarily on the backseat and the area underneath the backseat, where the fuel sending unit is located. One officer opened the vehicle’s back hatch and searched the cargo area for approximately forty seconds. Later, a different officer searched the cargo area for fifteen seconds. After about seven minutes of searching the vehicle on the side of the road, the officers found no drugs or money. Due to the cold temperatures, the officers asked Aponte to drive the Xterra to the sheriffs office so the officers could continue the search indoors. Aponte complied and followed Bargstadt’s cruiser to the sheriffs office. While en route, Bargstad asked Tapia-Valentin, who was still in the first cruiser, why the two [802]*802men were going to Cheyenne. Tapia-Va-lentin responded, “I don’t know, because they closed the restaurant ... [inaudible] ... We don’t got work now.”

The officers resumed searching the vehicle at the sheriffs office outside the presence of Aponte and Tapia-Valentin. The officers removed all items from the vehicle, but they did not diagram or photograph the location of items prior to removal. Bargstadt and Officer Jarrod Wineinger recalled that one bag containing clothing and toiletries was in the cargo area of the vehicle, but neither officer knew who the bag belonged to, who placed the bag in the cargo area, or where the bag was located in relation to other items in the cargo area.

The officers eventually turned their attention to a round cooler in the cargo area, which contained a bottle of water, two bottles of Gatorade, and water that one officer speculated was from melted ice. The officers first noticed that the cooler’s weight “didn’t seem right,” and then they noticed some non-factory glue seeping from the seam between the orange/red cooler exterior and the white liner. After dismantling the cooler, the officers found four baggies wrapped around the cooler’s inner core. In total, the baggies contained 1,047.7 grams of a substance containing a detectable amount of methamphetamine. No fingerprints of any value were found on the methamphetamine packaging or the outside of the cooler. Three latent fingerprints and one latent palm print were developed on the white liner of the cooler, but the prints did not match Aponte or Tapia-Valentin.

II.

Aponte and Tapia-Valentin were indicted and tried for possession with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(A)(viii). During the government’s case in chief, the jury was shown a number of photographs of the vehicle and cooler as well as a video recording from Bargstadt’s dashboard camera, which included audio from a microphone on Bargstadt’s uniform.1 The government supplemented that evidence with testimony from Bargstadt and one of the other officers who participated in the search. In addition to describing the events detailed above, Bargstadt testified about his impressions from his encounters with Aponte and Tapia-Valentin. Specifically, he testified that Aponte and Tapia-Valentin answered all of his questions fully and completely and that Aponte and Ta-pia-Valentin told him the same thing, albeit with a few differences in pronunciation.

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Cite This Page — Counsel Stack

Bluebook (online)
619 F.3d 799, 2010 U.S. App. LEXIS 18243, 2010 WL 3419686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-aponte-ca8-2010.