United States v. Beltran

761 F.2d 1
CourtCourt of Appeals for the First Circuit
DecidedApril 24, 1985
DocketNos. 84-1608, 84-1954 to 84-1965
StatusPublished
Cited by109 cases

This text of 761 F.2d 1 (United States v. Beltran) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Beltran, 761 F.2d 1 (1st Cir. 1985).

Opinion

TORRUELLA, Circuit Judge.

This is a consolidated appeal on behalf of thirteen defendants who were the crew of the Panamanian-registered vessel LICH-FIELD I. After a jury trial, all thirteen defendants were found guilty of one count of possession of a controlled substance with intent to import it into the United States, 21 U.S.C. § 955a(d). Additionally, nine of them were found guilty of one count of conspiracy to import a controlled substance into the United States, 21 U.S.C. § 955c.

The facts of the case are as follows: On the morning of March 12, 1984, the United States Coast Guard dispatched Lt. Commander Elliot from its Cape Cod Naval Air Station to locate a ship suspected of carrying contraband drugs. The order was received through the Coast Guard’s New York operations center which provided a last known position for the suspect vessel. Elliot located the vessel approximately forty miles north and slightly west of the position first noted by the intelligence sources. Elliot’s plane made only one pass at the ship, during which he photographed it and visually noted that it was a white-hulled “coastal freighter,” approximately 180 feet in overall length, and that it appeared to be riding low in the water. He also noted the name LICHFIELD I painted on both bow and stern sections. From the heading, approximate speed, sea conditions, and the position at which the ship was located when sighted, Elliot estimated that it was headed for the Gulf of Maine. Based upon his own observations and the details revealed by the photographs which were developed when he returned to base, Elliot phoned the New York operations staff and briefed them on what he had found.

On March 14, 1984, Elliot again flew out to locate the LICHFIELD I. This time he found the vessel about 100 miles further out to sea, corroborating intelligence information that it had been “spooked” by his previous flight.

That same day, at about 7:40 PM, the United States Coast Guard cutter ACTIVE, having been ordered to intercept the ship, spotted the vessel about 100 miles northeast of Bermuda. The ACTIVE approached the freighter from the west, and during the course of the evening circled the vessel in order to view it from all sides. The officer in charge of the ACTIVE, Lt. Hammond, observed many details that fit the profile of vessels used to carry contraband.1 Drawing to within 300 feet' of the ship, Hammond proceeded to attempt radio contact with the LICHFIELD I. He also tried alternatively to communicate with said vessel by the use of a signal light, by Morse Code, by international flags, and by loudhailer. He tried flashing the searchlight and sounding the fog horn, but all attempts to attract the LICHFIELD I’s attention were unsuccessful.

On the morning of March 15, 1984, Hammond once again attempted to contact the vessel’s crew. Finally sighting a crewman, [5]*5Hammond indicated that he wished to make radio contact. Finding the answers to his boarding questions suspicious,2 Hammond asked the captain of the LICHFIELD I for consent to board the vessel. The request was denied. At about noon the same day, the ACTIVE was informed that pursuant to a diplomatic request, the government of Panama had authorized the Coast Guard to board and search the vessel.

Immediately upon boarding, Hammond and Ensign Philbin detected a strong odor of marihuana. Upon entering the “communications room” Hammond noted that the top chart contained an erased track line which led to the northern Georges Bank area of the Gulf of Maine, an area predominantly within the jurisdiction of the United States.3 Other charts showed more specific details of the United States coast line. Upon touring the ship, the officers noticed that the marihuana odor was coming from the hold. Further investigation revealed plastic sheeting lining the deck of hold # 3, with a brown, leafy substance sprinkled about. In hold #2 they discovered large burlap sacks, which later proved to contain marihuana.

Hammond radioed the ACTIVE for permission to seize the vessel and arrest the crew. The government of Panama stating no objection, the LICHFIELD I was seized at 8:30 PM on March 15, 1984.

Hammond, through his interpreter, informed Parrales-Lucas, the person with whom he had originally communicated on the radio, that the vessel was being seized and the crew arrested for attempting to smuggle drugs into the United States.

Due to bad weather and mechanical problems, the voyage to the Coast Guard Station at New Castle, New Hampshire lasted six days. During the trip, no statements were taken from any of the LICHFIELD I crew-members. Arriving in port at 1:00 PM on March 21, 1984, the crew was taken into custody by Immigration and Naturalization Service agents for processing. About two and a half hours later, their custody was transferred to the Marshal’s Service for transport to Concord. The booking procedure was delayed another hour, while Drug Enforcement Administration Agent St. Hilaire waited for the arrival of an interpreter. Dr. Victoria Richart, the interpreter, whose services were obtained through the New Hampshire State Department of Education, arrived at the Marshal’s office at about 5:30 PM. As a result of the questioning through the interpreter, statements were obtained from all thirteen defendants.4 The total processing took less than six hours. The following morning, they were taken to the courthouse at 8:00 AM for interviews with the Probation Officers in preparation for a 10:00 AM appearance before the Magistrate.

I

Appellants allege that the Government failed to prove beyond a reasonable doubt by sufficient evidence as to each and every defendant the commission of the substantive offense, 21 U.S.C. § 955a(d), and conspiracy to commit that offense.

The test for determining whether there is sufficient evidence to support a guilty verdict is: whether considering the evidence as a whole, when taken in the light [6]*6most favorable to the Government together with all legitimate inferences that can be drawn therefrom, a rational trier of fact could have found guilt beyond a reasonable doubt. See United States v. Hensel, 699 F.2d 18, 33 (1st Cir.) cert. denied 461 U.S. 958, 103 S.Ct. 2431, 77 L.Ed.2d 1317 (1983); United States v. Patterson, 644 F.2d 890, 893 (1st Cir.1981). As is frequently the ease in prosecutions of this nature, the Government must rely heavily upon circumstantial evidence and the inferences which spring from it to meet its burden. The Government need not exclude every reasonable hypothesis inconsistent with guilt with respect to each piece of circumstantial evidence. Rather, the question is whether the total evidence, including reasonable inferences, is sufficient to support a jury finding that each defendant is guilty beyond a reasonable doubt. United States v. Patterson, supra, 644 F.2d at 893; United States v. Smith, 680 F.2d 255 (1st Cir. 1982), cert. denied 459 U.S. 1110, 103 S.Ct. 738, 74 L.Ed.2d 960 (1983).

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Bluebook (online)
761 F.2d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-beltran-ca1-1985.