United States v. Bobadilla-Pagan

747 F.3d 26, 2014 WL 1273996
CourtCourt of Appeals for the First Circuit
DecidedMarch 28, 2014
Docket12-1447
StatusPublished
Cited by24 cases

This text of 747 F.3d 26 (United States v. Bobadilla-Pagan) 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. Bobadilla-Pagan, 747 F.3d 26, 2014 WL 1273996 (1st Cir. 2014).

Opinions

THOMPSON, Circuit Judge.

When ill luck began for José Luis Boba-dilla-Pagán (“Bobadilla”), it came not in sprinkles, but in showers. First, Bobadilla had the misfortune to live one floor above his sketchy brother-in-law, suspected drug dealer Héctor Patrón. Second, when federal agents came looking for Patrón, Boba-dilla went out to greet them. And third, the day the agents came, Bobadilla had left his driver’s license in his minivan. As so often happens, one thing led to another, and soon enough the agents found the marijuana and unlicensed gun that Boba-dilla had stashed in his vehicle. Bobadilla now comes before us appealing a jury verdict convicting him of possessing controlled substances with intent to distribute and possessing a firearm in furtherance of a drug trafficking offense. He says the evidence was insufficient to convict him of either crime. Because we disagree, we must reject his appeal.

BACKGROUND

We begin by recounting the facts in the light most flattering to the verdict, consistent with record support. See, e.g., United States v. Polanco, 634 F.3d 39, 40 (1st Cir.2011); United States v. Echeverri, 982 F.2d 675, 676 (1st Cir.1993).

Before dawn on September 27, 2011, Bobadilla and his wife were abruptly awakened by loud noises outside their home in Barrio Cacao, Carolina, Puerto Rico. U.S. Drug Enforcement Administration (“DEA”) agents investigating a drug trafficking ring had shown up at their house to search the ground-floor apartment of alleged drug dealer Patrón. Bobadilla and [29]*29his wife lived in a separate apartment on the second floor. When they heard the commotion, they rushed outside to see what was going on. In retrospect, Boba-dilla probably wishes he had stayed in bed. But without the benefit of 20/20 hindsight, he wandered directly into the agents’ cross-hairs.

The agents asked Bobadilla who he was and how (or if) he knew their intended target, Patrón. Bobadilla gave his name and said that Patrón — who was not home at the time — was his wife’s brother. "When asked for his identification, he explained that his driver’s license was in his minivan, which was parked a little ways down the road.1 An agent went with him to get his license and bring it back to the house. And this was when Bobadilla’s luck really took a turn for the worse.

Shortly thereafter, other agents brought a canine unit to check out Bobadilla’s van. The dog alerted the agents to the presence of narcotics in the trunk. Bobadilla then gave permission for the agents to search the vehicle and also admitted there was marijuana inside.2 With the agents watching, Bobadilla opened the van and pulled a bag containing roughly 210 grams (about 7.5 ounces, or just under half a pound) of marijuana from beneath the driver’s seat. He also let on that he kept an illegal firearm in the van and proceeded to fish out a partially loaded nine-millimeter Beretta from a fanny pack in the middle console. The gun was about three feet from where he stowed the marijuana, and both the gun and the drugs were within reach of the driver’s seat. At the scene, Bobadilla told the agents that the marijuana belonged to him and said the gun was for his protection.

The only other things the agents found in the fanny pack with the gun were a single “Phillies” cigar, a nickel, a pack of gum, and some miscellaneous documents. They did not find any additional illicit or suspicious items in Bobadilla’s minivan or his home, such as drugs, cash, or run-of-the-mill drug-processing paraphernalia, like scales or plastic bags. But, as we will see, what the agents had already found was enough to sink Bobadilla.

A couple of weeks later, the government charged Bobadilla with (1) possession of a controlled substance (specifically, a mixture or substance containing a detectable amount of marijuana) with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(D) (“Count One”); and (2) possession of a firearm in furtherance of a drug trafficking offense, in violation of 18 U.S.C. § 924(c) (“Count Two”).

A two-day jury trial began on December 14, 2011. Among other witnesses, DEA Special Agent Christopher Díaz, a narcotics expert, testified on the government’s behalf.3 Agent Diaz was part of the team [30]*30that seized the marijuana from Bobadilla’s minivan. He observed that, when it was confiscated, the marijuana was wet, green, soft, and contained red hairs, stems, and seeds.4 Based on its condition, he opined that the marijuana was not ready to be used that day; rather, it needed to be cured for several weeks in a cool environment and the stems and seeds needed to be removed before it could be smoked. He continued to say that — given the amount of marijuana, its rough condition, and the fact that it was stored in a large Ziplock bag in a hot van — he believed the marijuana was intended for distribution, not for personal use. Furthermore, when asked about the role of weapons in drug trafficking, Agent Diaz said that drug traffickers use firearms to protect themselves and their merchandise and sometimes even to kill people.

On cross, Bobadilla’s counsel questioned Agent Diaz about the relationship between a Phillies cigar and marijuana. Agent Diaz responded that a Phillies cigar, like the one found in Bobadilla’s van, could be used to smoke marijuana by removing the tobacco and replacing it with about 0.5 grams of marijuana. Later, based on this testimony, the government calculated that Bobadilla had enough marijuana to make a whopping 420 joints (by dividing the 210 grams of marijuana that he possessed into 0.5 grams per joint).

At the close of the government’s case, defense counsel moved for a judgment of acquittal under Federal Rule of Criminal Procedure 29 (“Rule 29”), arguing there was no evidence Bobadilla intended to distribute marijuana. See Fed.R.Crim.P. 29(a) (“The court ... shall order the entry of judgment of acquittal ... if the evidence is insufficient to sustain a conviction.”). The trial judge denied the motion, noting (out of the jury’s earshot) that there was “overwhelming evidence of distribution.”

Bobadilla then took to the stand in his own defense. He stressed that the marijuana found in his van was for his own personal use and claimed he smoked between 10 and 12 joints per day, with each joint containing 1 to 2 grams of marijuana. He estimated that, after he removed the stems and seeds, the 7.5-ounce bag found in his car would yield only 5 or 5.5 ounces of usable drug. Thus, he figured he only had enough marijuana to make about 50 joints, which he said would last him a week or two.5 He explained that buying his marijuana in bulk was more economical, more convenient, and reduced the risk of getting caught.6

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Cite This Page — Counsel Stack

Bluebook (online)
747 F.3d 26, 2014 WL 1273996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bobadilla-pagan-ca1-2014.