United States v. Archuleta

737 F.3d 1287, 93 Fed. R. Serv. 142, 2013 WL 6608605, 2013 U.S. App. LEXIS 24947
CourtCourt of Appeals for the Tenth Circuit
DecidedDecember 17, 2013
Docket12-2026
StatusPublished
Cited by53 cases

This text of 737 F.3d 1287 (United States v. Archuleta) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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. Archuleta, 737 F.3d 1287, 93 Fed. R. Serv. 142, 2013 WL 6608605, 2013 U.S. App. LEXIS 24947 (10th Cir. 2013).

Opinions

BRISCOE, Chief Judge.

A jury convicted Defendant Nathan Ar-chuleta of possession of methamphetamine, possession of methamphetamine with intent to distribute, conspiracy to possess methamphetamine with intent to distribute, and being a felon in possession of a firearm. On appeal, Archuleta contends that admission of a gang expert’s testimony violated Federal Rules of Evidence 403, 702, and 704(b). Of the three evidentiary rules now cited, only Rule 408 was raised by Archuleta before the district court. As a result, our review of his arguments pertaining to Rule 702 and Rule 704(b) is limited to plain error review. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I

Factual Background

Archuleta was a leader of the Tortilla Flats gang in Farmington, New Mexico. The Tortilla Flats are an affiliate of the Sureños, a group of gangs with ties to the Mexican Mafia gang. In June 2009, Ar-chuleta orchestrated a plan to smuggle methamphetamine from Mexico into the United States using two female accom[1291]*1291plices as mules. The two females were Christine Roberts and Candi Ramirez. Also involved was Candi’s brother, Adam Ramirez, a friend and lower-ranking “colleague” of Archuleta in the Tortilla Flats.

On July 2, 2009, the group put the plan into action. They drove from Albuquerque to Las Cruces, New Mexico, where they met with Daniel Muñoz, a leader of a Las Cruces Sureño gang. In Muñoz’s apartment, Archuleta, Adam Ramirez, and Mu-ñoz discussed their drug-smuggling scheme. Roberts and Candi Ramirez were then dispatched to Mexico, along with their guide, Jose de la Luz Verdugo. They drove Adam Ramirez’s car across the border and picked up the drugs. But on their way back, border patrol officers discovered the drugs and arrested the three of them. Later, Adam Ramirez was arrested. And after a few months on the lam, Archuleta, too, was arrested. Three of Archuleta’s coconspirators — Adam, Can-di, and Christine Roberts — had turned on him, implicating him in the drug-smuggling scheme.

Procedural Background

On July 22, 2010, a grand jury issued an eight-count superseding indictment charging Archuleta and Muñoz. Archuleta was charged with these six of the eight counts: (Count 1) conspiracy to possess 50 grams and more of methamphetamine with intent to distribute on July 2 and 3, 2009, in violation of 21 U.S.C. § 846; (Count 2) possession of 50 grams and more of methamphetamine with intent to distribute on July 2, 2009, in violation of 21 U.S.C. § 841; (Count 4) conspiracy to possess methamphetamine with intent to distribute from June 1, 2009, to November 5, 2009, in violation of 21 U.S.C. § 846; (Count 5) felon in possession of a firearm on November 5, 2009, in violation of 18 U.S.C. §§ 922, 924; (Count 6) carrying a firearm during the commission of count 4 conspiracy to possess,, in violation of 18 U.S.C. § 924; and, (Count 7) possession of methamphetamine on November 5, 2009, in violation of 21 U.S.C. § 844(a).

Before trial, Archuleta filed a motion in limine seeking to exclude gang-affiliation expert testimony. He argued that any expert testimony based on hearsay violated Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), but conceded that “[t]he Government is free to seek to establish gang membership by non-hearsay evidence such as graffiti or tattoos.” R. Vol. 1, at 20-21. Archuleta’s motion also argued that gang experts generally had “no reliable data” on which to base their opinions. Id. at 22. He was careful to note, however, that he was not challenging “any part of the expert’s opinion that may be based on the expert’s own investigation or information from other law enforcement sources.” Id. at 21 n. 1.

A couple months later, the government filed notice that it would proffer Paul Lu-jan as an expert on gangs. Lujan was an officer vrith the gang unit of the Las Cruces, New Mexico Police Department, and the government stated that he would testify regarding the background, structure, and identifying tattoos of the Sure-ños. More generally, the government asserted that his testimony would assist the jury in understanding the relationships of the parties and in determining the existence of a conspiracy.

The district court held the first of two expert witness hearings on August 3, 2010, during which Lujan testified as to his credentials. , The court was satisfied that Lu-jan had specialized knowledge of the Sure-ños, and concluded sufficient foundation had been laid to permit him to testify as an expert. But the court was uncertain whether the danger of unfair prejudice from Lujan’s testimony substantially out[1292]*1292weighed its probative value. And so the government was ordered to produce additional material for the court’s review.

The second hearing was held two days later. After reviewing additional evidence on the connection between the Sureños and the charged crimes, the district court concluded that the “Sureño affiliation, association, is significant in terms of the ... conspiracy,” because witnesses would testify that Archuleta was a “high-ranking member[ ] of the gang.” R. Vol. 3, pt. 13, at 2001-02. Accordingly, the court ruled that Lujan could testify “about the Sure-ños, the significance of the tattoos, the Tortilla Flats thing, all of that, as it relates to the July 2[] incident.” Id. at 2002. Archuleta objected to Lujan’s testimony as irrelevant and prejudicial, and the court overruled his objection.

At trial, Archuleta again objected, insisting that Lujan did not qualify as a gang expert and that gang testimony was irrelevant. Again, the district court overruled the objection. Lujan proceeded to testify about the Sureños’ history, colors, tattoos, structure, activities, and affiliation with the Mexican Mafia. When shown photographs of Archuleta’s tattoos, Lujan testified that those tattoos identified the person in the photographs as a member of the Tortilla Flats Sureño gang.

On August 16, 2010, after a six-day trial, the jury found Archuleta guilty of counts 1, 2, 5, and 7, and not guilty of counts 4 and 6. On January 12, 2012, the court sentenced Archuleta to 360 months’ imprisonment on counts 1 and 2, 120 months’ imprisonment on count 5, and 12 months’ imprisonment on count 7. All sentences were to be served concurrently.

II

On appeal, Archuleta contends that admission of Lujan’s testimony violated Federal Rules of Evidence 403, 702, and 704(b).

Rule 403

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Bluebook (online)
737 F.3d 1287, 93 Fed. R. Serv. 142, 2013 WL 6608605, 2013 U.S. App. LEXIS 24947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-archuleta-ca10-2013.