United States v. Arturo Estrada-Macias

218 F.3d 1064, 2000 Cal. Daily Op. Serv. 5742, 2000 Daily Journal DAR 7619, 2000 U.S. App. LEXIS 15918, 2000 WL 958866
CourtCourt of Appeals for the Ninth Circuit
DecidedJuly 12, 2000
Docket97-10115
StatusPublished
Cited by30 cases

This text of 218 F.3d 1064 (United States v. Arturo Estrada-Macias) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. Arturo Estrada-Macias, 218 F.3d 1064, 2000 Cal. Daily Op. Serv. 5742, 2000 Daily Journal DAR 7619, 2000 U.S. App. LEXIS 15918, 2000 WL 958866 (9th Cir. 2000).

Opinions

Opinion by Judge CANBY; Dissent by Judge KEEP

CANBY, Circuit Judge:

Arturo Estrada-Macias appeals his conviction and sentence, after a jury trial, for conspiracy to manufacture methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). We need address only one of his contentions: that the evidence was insufficient to support his conviction. We conclude that the evidence was insufficient, and we accordingly reverse Estrada’s conviction.

Background

There is no doubt in this case that there was a conspiracy to manufacture methamphetamine, and that Estrada lived in the presence of it. The only question, and it is a close one, is whether there was enough [1065]*1065evidence to permit the jury to find that he participated in the conspiracy. The facts are relatively uncomplicated for a drug conspiracy. The key bits of evidence against Estrada were his appearance with other conspirators, his admission of having lived in a trailer found at the manufacturing site, and the materials found in that trailer.

The investigation began when agents of the Drug Enforcement Administration became aware of large, case-lot shipments of pseudoephedrine tablets to various addresses in Stockton, California. The tablets are often used to manufacture methamphetamine. Agents set up surveillance at an address, 908 North San Jose Avenue, in Stockton to which ten cases of tablets were due to be shipped.

Agents first saw a red and white truck that had been driven to the location by co-defendant Ramirez-Vasquez and another Hispanic male whom the agents never identified. A UPS truck then drove up and delivered the ten cases to the two men, who put them in the truck. They then drove in an elusive manner to a K-Mart store, where they purchased propane, also often used in methamphetamine manufacture. The unidentified male then departed in a brown van that had been parked at the K-Mart, while Ramirez drove the red and white truck, with the agents following, to an apartment complex at 641 Park Street in Stockton.

About an hour and a half later, a ear arrived which was driven by Antonio Garcia, another conspirator. The car was registered to Jose Ibarra at 1630 North Newport Avenue in Stockton (next door to the conspirators’ manufacturing operation). Shortly after arriving, the car departed the apartment complex at 641 Park Street, and was stopped by the DEA agents. Antonio Garcia was driving, and Ricardo Garcia, Ramirez and Estrada, the present appellant, were passengers. The agents questioned Ramirez, who said he had picked up the ten cases of pills for one Linderos, whom he described as the male who had been with him at the time of delivery. The agents took Ramirez back to the apartment complex at 641 Park Street and he let the agents seize the ten cases of pills from his truck. The agents did not arrest Ramirez at that time.

In their investigation, the agents had learned that another five cases of pills had been delivered on the same day to 1630 Newport, #2 in Stockton. They were signed for by “Antonio Gar-,” which was all that could be read on the UPS receipt.

A few days later, the agents went to find 1630 Newport, # 2, but found no such exact address. There was a house at 1628 Newport, and several apartments behind it numbered 1630, 1632, and 1634. The agents observed evidence of methamphetamine manufacture and obtained a search warrant. In the subsequent search, they found evidence of manufacture at the residence and garage at 1628 Newport and in a small trailer parked in the driveway at that address. The trailer was about twenty feet long and contained one bed, a sink, and some cabinets. It had a pungent odor associated with methamphetamine, and some plastic pails under the bed, one of which contained a package of red phosphorus, a reagent used in converting ephedrine and pseudoephedrine into methamphetamine. Also found in the trailer was a lid with residue of nicotinamide, frequently used as a cutting agent to increase the salable amount of methamphetamine.

Inside the cabinets in the trailer were a plastic pill bottle labeled “ephedrine hydrochloride” and some rags containing and smelling of methamphetamine residue. Finally, in the sink in the trailer, the agents found a torn piece of cardboard paper with calculations on it, including a calculation of “1140x5” to equal “5700.” That calculation corresponds to the price of the five boxes delivered to “1630 Newport, #2,” and signed for by “Antonio Gar-.” Two hours after that delivery, Garcia and Estrada had been picked up with Ramirez outside the apartment complex at 641 Park Street.

Approximately two weeks later, agents went to another address in Stockton to [1066]*1066interview Ricardo Garcia-one of the passengers, along with Ramirez and Estrada, in the car driven by Antonio Garcia that had been stopped outside the apartment complex at 641 Park Street. They found Estrada and Antonio Garcia at the residence and arrested them both. An INS agent working with the DEA agents interviewed Estrada. Estrada initially stated that he lived in a mission on Sonora Street in Stockton, although he had visited 1628 Newport. Upon further questioning he said that he had been living in the trailer there for the past three months.

At trial, a witness testified that she had helped one Jesus Padilla ship pseu-doephedrine pills to 1630 Newport, where he said his friends were making metharn-phetamine. The witness said that Padilla told her that she could make contact with him by calling a telephone number and asking for “Arturo.” Arturo is Estrada’s first name, but Estrada called witness Arturo Ortiz Corral, who testified that his telephone number, 941-9118, was listed next to the name “Arturo” in Padilla’s address book, which the government had introduced into evidence.

Ramirez was tried with Estrada, and generally held to his story that he had received the pill shipment (as well as an earlier, returned shipment) as a favor for a friend. He testified that he was acquainted with Antonio Garcia, and had agreed to go out with him and the others for a beer (leaving $11,000 dollars worth of pills in his truck) when the agents stopped the car. He stated that he had not met Estrada until that day.

Discussion

In summary, the principal evidence upon which the jury convicted Estrada was the following:

(1) He was with conspirators Antonio Garcia and Ramirez within two hours after each had received a delivery of pills, in different places. He was not present when Ramirez received his shipment, and there is no evidence that he was present when Garcia received his. (2) He lived in a trailer next to the residence used by the conspirators for manufacture, and several items were found in the trailer: containers and rags with residue, and a piece of cardboard paper with calculations for payment of the delivery for which Garcia signed. The conspirators at the house had access to the trailer; a neighbor reported to police that residents of the house frequently entered the garage and the trailer.
(3) Conspirator Padilla, told his friend that he could be reached by calling a number and asking for “Arturo.” There is another “Arturo” whose number is in Padilla’s address book.

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218 F.3d 1064, 2000 Cal. Daily Op. Serv. 5742, 2000 Daily Journal DAR 7619, 2000 U.S. App. LEXIS 15918, 2000 WL 958866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-arturo-estrada-macias-ca9-2000.