United States v. Cesar Gomez

725 F.3d 1121, 2013 WL 3988705, 2013 U.S. App. LEXIS 16229
CourtCourt of Appeals for the Ninth Circuit
DecidedAugust 6, 2013
Docket12-50018
StatusPublished
Cited by60 cases

This text of 725 F.3d 1121 (United States v. Cesar Gomez) 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. Cesar Gomez, 725 F.3d 1121, 2013 WL 3988705, 2013 U.S. App. LEXIS 16229 (9th Cir. 2013).

Opinions

OPINION

GRABER, Circuit Judge:

Defendant Cesar Gomez appeals his conviction on one count of importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960, after he was caught crossing the border with methamphetamine in his car. Defendant claimed ignorance of the presence of drugs in his car, but the jury convicted him. On appeal, Defendant argues that the prosecution’s introduction of a post-arrest statement violated Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); that the admission of an expert witness’ testimony violated the Federal Rules of Evidence and the Confrontation Clause; and that the prosecutor’s closing argument amounted to prosecutorial misconduct. We disagree and, accordingly, affirm.

FACTUAL AND PROCEDURAL HISTORY

Defendant attempted to cross the United States-Mexico border as the sole occupant of a Toyota Camry. Border officials discovered, hidden in the gas tank, 15 packages containing several kilograms of methamphetamine. After the officials informed Defendant of his Miranda rights, the following exchange occurred:

[Agent Steven Fuentes]: Okay, do you understand your rights, yes or no? Gomez: Uh-hmm.
Fuentes: ’kay. Do you want to speak with us and say your story?
[5 second pause]
Gomez: Uhmm. Mmm, I can’t talk. Fuentes: Uh, no, you can’t—why can’t you talk? Just—what?
Gomez: Because, no.
Fuentes: You don’t, don’t want to talk? [1125]*1125Gomez: No, it’s that no, I can’t talk. It ... it’s my family, you see.
Fuentes: Say again?
Gomez: It’s my family.
Fuentes: Your family?
Gomez: Yes. It’s, I’m just going to say something. Okay?
Fuentes: [unintelligible]
Gomez: Listen, listen, listen, listen, listen [unintelligible] ... I can’t say anything because my family ... my family will get killed. Okay?
Fuentes: Okay, [unintelligible], so you don’t, you don’t want to talk?
Gomez: I don’t want to talk.
Fuentes: Okay, that’s fine. It’s your right.

(Ellipses and brackets in transcription.) No further questioning occurred.

The government indicted Defendant on one count of importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. Before trial, Defendant moved to suppress his post-arrest statement that “I can’t say anything because my family ... my family will get killed.” The district court held that the government could not introduce the statement during its case-in-chief, because Defendant invoked his Miranda rights when he first said “I can’t talk,” but that the government could introduce the statement during rebuttal, as impeachment, if appropriate. At trial, Defendant testified that he was unaware that the drugs were in the car. During the government’s rebuttal, Agent Fuentes testified that Defendant “basically told me he could not talk because they were going to kill his family.”

The jury convicted Defendant. The district court sentenced him to 135 months’ imprisonment. Defendant timely appeals his conviction.

STANDARDS OF REVIEW

We review de novo whether the prosecutor’s use of a defendant’s silence violated the Constitution. United States v. Caruto, 532 F.3d 822, 827 (9th Cir.2008). We review for abuse of discretion the admission of expert testimony. United States v. Sepulveda-Barraza, 645 F.3d 1066, 1070 (9th Cir.2011). We review de novo alleged violations of the Confrontation Clause, United States v. Preston, 706 F.3d 1106, 1119 (9th Cir.2013), and the interpretation of the Federal Rules of Evidence, United States v. Urena, 659 F.3d 903, 908 (9th Cir.2011), cert. denied, — U.S.-, 132 S.Ct. 1608, 182 L.Ed.2d 214 (2012). If the defendant fails to object, we review for plain error. United States v. Hayat, 710 F.3d 875, 893 (9th Cir.2013).

DISCUSSION

A. PosP-Arrest Statement

Due process requires that a defendant’s silence after receiving Miranda warnings not be used against him or her at trial. Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976). In Doyle, the defendants had remained silent when arrested by the police and given Miranda warnings but, at trial, they testified for the first time that they had been framed. Id. at 612-13, 96 S.Ct. 2240. The prosecutors cross-examined the defendants about their previous silence, suggesting that, if the defendants truly had been framed, they would have said so at the time of their arrest. Id. at 613-14, 96 S.Ct. 2240. The Supreme Court reversed, holding that “the use for impeachment purposes of petitioners’ silence, at the time of arrest and after receiving Miranda warnings, violated the Due Process Clause of the Fourteenth Amendment.” Id. at 619, 96 S.Ct. 2240.

That rule—that a defendant’s silence cannot be used against him or her— differs from the rule concerning a defendant’s voluntary statements. Statements obtained in violation of Miranda generally [1126]*1126are inadmissible in the government’s casein-chief. New York v. Harris, 495 U.S. 14, 20, 110 S.Ct. 1640, 109 L.Ed.2d 13 (1990). But a defendant’s voluntary statements— even if obtained in violation of Miranda— are admissible as impeachment evidence. See Oregon v. Elstad, 470 U.S. 298, 307, 105 S.Ct. 1285, 84 L.Ed.2d 222 (1985) (“[T]he Miranda presumption, though irrebuttable for purposes of the prosecution’s case in chief, does not require that the statements and their fruits be discarded as inherently tainted. Despite the fact that patently voluntary statements taken in violation of Miranda must be excluded from the prosecution’s case, the presumption of coercion does not bar their use for impeachment purposes on cross-examination.”); Harris v. New York, 401 U.S. 222, 224, 91 S.Ct. 643, 28 L.Ed.2d 1 (1971) (“It does not follow from Miranda

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Gonzalez
Ninth Circuit, 2025
Diaz v. United States
602 U.S. 526 (Supreme Court, 2024)
United States v. Scott
70 F.4th 846 (Fifth Circuit, 2023)
(HC)Apolinar v. Madden
E.D. California, 2022
State v. Tsosie
516 P.3d 1116 (New Mexico Supreme Court, 2022)
(CONSENT) Figures v. Garcia
E.D. California, 2021
United States v. Ross Colby
Ninth Circuit, 2021

Cite This Page — Counsel Stack

Bluebook (online)
725 F.3d 1121, 2013 WL 3988705, 2013 U.S. App. LEXIS 16229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cesar-gomez-ca9-2013.