United States v. Cesar Macario Martinez

706 F. App'x 583
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 5, 2017
DocketNon-Argument Calendar 17-10249
StatusUnpublished

This text of 706 F. App'x 583 (United States v. Cesar Macario Martinez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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 Macario Martinez, 706 F. App'x 583 (11th Cir. 2017).

Opinion

PER CURIAM:

Cesar Macario Martinez appeals his conviction for conspiracy to transfer false identification documents in violation of 18 U.S.C. § 1028(f). Martinez argues the district court erred by denying his motion for acquittal under Federal Rule of Criminal Procedure 29 because there was insufficient evidence to sustain his conviction. After careful review, we affirm.

I.

A federal grand jury charged Martinez and three codefendants with conspiracy to transfer false identification documents in violation of 18 U.S.C. § 1028(f) (Count One), and two counts of transferring false identification documents in violation of 18 U.S.C, § 1028(a)(2) (Counts Five and Six). Martinez’s three codefendants were Nehe-mias Samayoa Corado, Yamilet del Car *584 men Selva, and Nery Castillo Rivera (“Castillo”). Corado, del Carmen Selva, and Castillo all pled guilty to Count One. Martinez pled not guilty and went to trial.

At trial, the government called Natalie Diaz—an immigration officer with the United States Citizenship and Immigration Services—to testify. Diaz authenticated immigration documents that Martinez had filed, and the government entered those documents into evidence and pointed out his signature on two pages. The government then showed Diaz the California Department of Motor Vehicles records for Martinez (including his driver’s license), and Diaz identified Martinez as he appeared in the courtroom as the person in those records. The copies of Martinez’s driver’s license showed his signature arid listed him as five feet two inches tall. The government also entered copies of codefen-dant Castillo’s driver’s license into evidence. Those copies listed Castillo as five feet eight inches tall.

Next, the government called Amparo Cruz to the stand. Cruz testified she had signed up to act as a confidential source for the Department of Homeland Security (“DHS”) in exchange for immigration benefits in 2011. She said she spoke to Castillo on the phone from 2014 through March 2015 about buying false identification documents from him. After entering into evidence transcripts and tapes of some of their calls, the government played the tapes. Cruz testified that she was speaking to Castillo in the tapes and that she was trying to obtain six sets of false documents at DHS’s behest. Cruz also said she exchanged text messages with Castillo, copies of which were entered into evidence. She explained that Castillo sent her a text message instructing her to send money and photographs of the people for whom she wanted false documents to a “Cesar Ovidio Macario Martinez” at a particular address. After the photographs were mailed to that address, Castillo sent Cruz a text message confirming he had received the photographs.

Cruz admitted she never met or spoke to Martinez, but said Castillo instructed her to mail the photographs to Martinez because he was a “trusted person” with whom Castillo worked. She said Castillo told her to send money for the false documents to his “friend” via MoneyGram. Cruz said she paid $1,600 for the set of false documents. She also explained that she asked Castillo over text message if the address to which the photographs were sent belonged to him or to Martinez. Castillo told her it was his house. Cruz then said she gave Castillo the reference number that was needed to collect the money she sent via MoneyGram. When she gave Castillo the address where the false documents she had purchased should be sent, he ■ responded “I will send them to you tomorrow.”

Next, the government called Julio Santiago, a United States postal inspector, to the stand. Santiago said he became involved in this case in 2014 when a DHS agent contacted him and asked him to coordinate a controlled delivery in California. Santiago authenticated a copy of a mail label he had written for the controlled delivery showing “Cesar Ovidio Macario Martinez” as the recipient and 925 West Denni Street, Apartment 1, Wilmington, California as the address. After the government entered the label into evidence, Santiago testified that he prepared a package (with the label included) and sent it to his counterpart, Inspector Christine Reins-Jarin, in California. Although Santiago was not in California for the controlled delivery, he received return packages from California in the undercover PO box he had set up for the operation. Santiago identified one of the return packages as a *585 priority mail envelope and an inner envelope that was sent on March 9, 2015. The sender listed on the envelope was “Cesar Macario,” and the return address was 3738 South Vernon Avenue, Los Angeles, California. Then, Santiago identified another envelope and inner envelope that were sent from California to the PO box on March 16, 2015. That envelope stated it was from “Nery Rivera” at the same address. Santiago testified there were permanent resident cards and social security cards inside both of these packages. He also said the envelopes were purchased with a credit card with the last four digits 2877, which belonged to “Nery 0. Castillo.”

The government proceeded to call Reins-Jarin, Santiago’s counterpart in Los Angeles, to testify. Reins-Jarin said she conducted the controlled delivery dressed as a postal carrier. She testified that she brought with her a PS Form 3849 (the form that a recipient signs upon delivery of an item), and the government entered that form into evidence. The signed form contained a signature that appeared.to belong to Martinez. Reins-Jarin said she delivered a package addressed to Cesar Ovi-dio Macario Martinez at 925 West Denni Street, Apartment 1 in Wilmington, California on February 27, 2015. As she was walking up the stairs toward Apartment 1, a man standing outside of the apartment called out to her and asked if she had an item for “Cesar Martinez.” Reins-Jarin testified that she approached the man, handed him the envelope, and asked him to sign the PS Form 3849. Reins-Jarin explained that she was later asked if she could identify the man and that she could not positively identify him. Before the delivery, she was shown a picture of Castillo. Then, after the delivery, she was shown another picture of Castillo and a picture of Martinez. She testified that the individual outside the apartment “appeared to resemble more of Nery Castillo if I had to pick.” However, she stated the man was slightly shorter than her height (five feet four inches). She said “I know that he was not taller than me,” and explained that she was not wearing heels that day.

The government then called Willard Hart, a custodian of records for Money-Gram, to the stand. Hart testified that MoneyGram is a money transfer and payment-services company similar to Western Union. He explained that to send a Money-Gram, a sender fills out a form, provides the money to be sent and the fee for sending it, and gets an eight-digit reference number that the recipient of the money must enter in order to pick up the money. The recipient must then go to a MoneyGram location, fill out a receipt form with his name, give the reference number and the amount he is expecting, and provide an ID and an address.

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Cite This Page — Counsel Stack

Bluebook (online)
706 F. App'x 583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cesar-macario-martinez-ca11-2017.