United States v. Bristol-Martir

570 F.3d 29, 2009 U.S. App. LEXIS 13806
CourtCourt of Appeals for the First Circuit
DecidedJune 26, 2009
Docket06-2722, 06-2725, 06-2723, 06-2724
StatusPublished
Cited by19 cases

This text of 570 F.3d 29 (United States v. Bristol-Martir) 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. Bristol-Martir, 570 F.3d 29, 2009 U.S. App. LEXIS 13806 (1st Cir. 2009).

Opinions

TORRUELLA, Circuit Judge.

This case involves an investigation into corruption in the Puerto Rico Police Department and the subsequent convictions of four police officers who were willing to escort cocaine to various locations throughout Puerto Rico. After a jury trial, the defendant-appellants Samuel BristolMártir (“Bristol”), Omar Marrero-Cruz (“Marrero”), Carlos Oliveras-González (“Oliveras”), and Francisco Santiago-Albino (“Santiago”) were convicted of a conspiracy to distribute narcotics in violation of 21 U.S.C. §§ 846 and 841(a) (Count One). As detailed below, some of the officers were also convicted of other crimes involving drugs and firearms.

[34]*34In this appeal, all defendants claim that the district court improperly handled an issue of juror misconduct. In addition, Santiago claims that there was insufficient evidence to sustain his conviction, that the district court erred in several of its evidentiary rulings, and that he was unfairly prejudiced by the district court’s handling of a contemporaneous newspaper story regarding a similar police sting operation and an incident concerning his wife in which she was detained by court security personnel. Santiago and Bristol claim that delays during trial violated their rights under the Speedy Trial Act and the Sixth Amendment. Oliveras claims that he was entitled to a jury instruction on the defense of public authority. Finally, Bristol appeals part of his sentence.

We agree with the defendants’ claims that the district court improperly handled the juror misconduct issue that arose during the jury’s deliberations. Therefore, we vacate the defendants’ convictions and remand for a new trial. Consequently, we need not reach the issues related to whether Santiago was unfairly prejudiced by the newspaper article and the incident involving his wife, whether the district court erred in denying Oliveras’s request for a jury instruction on the defense of public authority, and whether it erred in sentencing Bristol. However, we need to decide the correctness of the district court’s ruling regarding the sufficiency of the evidence to support Santiago’s conviction as well as its evidentiary rulings, and affirm these rulings. We also pass upon Bristol and Santiago’s claim under the Speedy Trial Act and the Sixth Amendment, and conclude that there was no violation.1

I. Background

We recite the facts in the light most favorable to the verdicts. United States v. Carlos Cruz, 352 F.3d 499, 502 (1st Cir. 2003). The following facts are principally based on the testimony of Alcohol, Tobacco, and Firearms (“ATF”)' agent Carlos Canino, an undercover agent who posed as a fictional narcotics trafficker from Miami; and Jamill Águila-Barrios, who was introduced to Canino through a confidential source (“CS”) and assisted Canino in contacting.police officers.

A. The Drag Operation

In early 2005, ATF agents began an investigation into corruption in the Puerto Rico Police Department (“PRPD”) with the goal of identifying police officers willing to escort cocaine shipments. Through the help of a CS, Canino enlisted the participation of the defendant police officers in escorting cocaine loads throughout Puerto Rico.

On February 21, 2005, Canino met with Marrero and Oliveras and told them he was a drug dealer from Miami who was trafficking cocaine through Puerto Rico, and that he needed uniformed police officers to help him move 30 kilograms through San Juan for $4,000 each per trip. A few days later, Marrero and Oliveras, in uniform, helped Canino execute this plan, and they were paid $4,000 each in cash. An identical operation was carried out with the help of Marrero and Oliveras just a few weeks later.

[35]*35Soon thereafter, Canino informed Marrero that he needed to move 300 kilograms of cocaine, which would require the help of two additional police officers. On March 5, 2005, Canino met with Marrero, Bristol, and another police officer. At this meeting, Canino talked about a plan to escort 300 kilograms of cocaine from a boat in a marina in San Juan or Fajardo. A few days later, Bristol, Marrero, and Oliveras helped execute the plan and were paid $5,000 each.

On March 31, 2005, Canino met with Bristol in part to discuss Bristol’s possible access to more police officers who were willing to escort the drugs. Canino then proposed moving another 300 kilograms of cocaine with the help of a new police officer; however, Canino first wanted to do a test run with the new recruit, involving only 30 kilograms of cocaine. Canino told Bristol that he would include the new recruit in the 300 kilogram shipment if he was satisfied with the new recruit’s performance during the 30 kilogram operation.

On April 6, 2005, Canino met with the CS, Bristol, and Santiago, a police officer Canino had not previously met, at an employee parking lot of the Wyndham El San Juan Hotel. At the parking lot, Canino explained the logistics of the drug operation to Bristol and Santiago, which involved escorting 30 kilograms of cocaine. Canino then gave Santiago and Bristol keys to a vehicle that Canino had provided to them, and instructed them on how to proceed. Canino told them that they were going to receive $4,000 each upon completion of the job.

Bristol and Santiago, driving in the vehicle provided to them by Canino, followed Canino and the CS to a plaza in Carolina, Puerto Rico, where they picked up drugs from an ATF agent posing as Canino’s associate. The drugs were loaded into Santiago and Bristol’s vehicle. Santiago and Bristol then followed Canino and the CS to Rio Hondo, Puerto Rico, where they dropped off the drugs in another ATF agent’s vehicle, who also represented himself as Canino’s associate. Canino paid $4,000 each to Bristol and Santiago, after which they discussed the possibility of doing a 300 kilogram shipment of cocaine.

On April 28, 2005, Canino scheduled a meeting at a restaurant with Bristol, Santiago, and another officer. However, this meeting did not take place because Canino may have blown his cover when Santiago noticed Canino waiving off his undercover team with hand signals.

B. Procedural History and Jury Deliberations

On November 30, 2005, a grand jury returned a superseding indictment against all defendants. Jury selection was held on February 14, 2006, and the trial began the next day. On March 15, 2006, after the defense had concluded its argument, the district court denied all pending Rule 29 motions. Closing arguments were held on March 22, 2006, and on March 23, 2006, the district court instructed the jury.

On March 23, 2006, shortly after the jury began to deliberate, the jury foreman sent the district court a note with a request from the jury to provide them with the definition of certain terms used in the counts as well as an English/Spanish dictionary. The district court responded by denying the request for a dictionary and informing the jury that the definitions of the terms they requested were included in the district court’s instructions to the jury.

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Bluebook (online)
570 F.3d 29, 2009 U.S. App. LEXIS 13806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bristol-martir-ca1-2009.