United States v. Cui Qin Zhang

458 F.3d 1126, 2006 U.S. App. LEXIS 20741, 2006 WL 2338074
CourtCourt of Appeals for the Tenth Circuit
DecidedAugust 14, 2006
Docket05-3341
StatusPublished
Cited by13 cases

This text of 458 F.3d 1126 (United States v. Cui Qin Zhang) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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. Cui Qin Zhang, 458 F.3d 1126, 2006 U.S. App. LEXIS 20741, 2006 WL 2338074 (10th Cir. 2006).

Opinion

McKAY, Circuit Judge.

As a black Lexus whizzed eastbound along 1-70, swerving in and out of its lane, Sergeant Schneider of the Russell County-Sheriffs office pulled over the speeding car. Upon approaching the Lexus, Sergeant Schneider found the driver, Ms. Zhang, and a male passenger later identified as Mr. Chen who was sitting in the rear passenger seat.

Sergeant Schneider asked for Ms. Zhang’s driver’s license and proof of the vehicle’s insurance, which she promptly handed over to him. He asked Ms. Zhang where she was headed, and she responded that she was en route to Columbus, Ohio, to visit her family and that she owned the Lexus. Sergeant Schneider did not observe any luggage in the backseat, and he also noted that Ms. Zhang seemed very nervous and was fidgeting in her seat.

Upon confirming that Ms. Zhang owned the Lexus and issuing her a written warning, he asked Ms. Zhang if he could ask her a question. She agreed, and Sergeant Schneider inquired about the presence of contraband in her vehicle. Sergeant Schneider testified that Ms. Zhang responded, “No. Never. Never.” He then asked for her permission to search the vehicle, to which she consented. After Ms. Zhang pressed a button to release the trunk lid, she walked back with Sergeant Schneider and stood behind the vehicle. Inside the trunk'was one small yellow bag containing female clothing and a cardboard box.

Sergeant Schneider asked Ms. Zhang if he could open the box. When she agreed, he asked to her to step to the front of the vehicle. As Ms. Zhang walked down the driver’s side and Sergeant Schneider busied himself with opening the box, Ms. Zhang leapt into the car, slammed the door, and sped away. Sergeant Schneider jumped into his vehicle and gave chase to the Lexus, which was driving approximately 130 miles per hour. Nearly eight miles later, the Lexus exited the interstate and attempted a right turn at the top of the ramp. The vehicle lost control, flipped, and rolled down the other side of the off-ramp. The passenger, Mr. Chen, was transported by ambulance and Ms. Zhang was transported by Lifewateh helicopter to the hospital.

Strewn about the field were a number of packages shaped like bricks. These were found to contain cocaine. Officers also discovered, a pillowcase which contained several packages of pills. The pills proved to contain MDMA, commonly known as Ecstasy. In all, there were fifteen packages of cocaine and seven packages of pills found among the wreckage, totaling approximately fifteen kilograms of cocaine and fifteen kilograms of MDMA.

Ms. Zhang was detained pretrial at a correctional facility in Leavenworth. A number of her calls from that facility were recorded. Because the language in the calls was a Chinese dialect, the Government asked Detective Sun, of the Los Angeles Police Department, to translate them. Prior to Detective Sun’s testimony regarding the content of those calls, the parties stipulated that Ms. Zhang, during a phone call from Leavenworth, made a statement that should be translated as “[rjeally, didn’t I used to tell you, after I came in, it’s like ... I knew the car had drugs.” The parties also stipulated that the phrase “it’s like” is a transitional phrase similar to “you know” or other similar English transitional phrases. The court interpreter also read into the record the remainder of the call from which the phrase was extracted. During the remainder of the call, Ms. Zhang stated that “I know for a fact that I didn’t do it.”

*1128 After a jury trial, Ms. Zhang was convicted of possession with intent to distribute fifteen grams of cocaine and possession with intent to distribute fifteen grams of Ecstasy, each count ' a violation of 21 U-.S.C. § .841(a)(1). She was sentenced to 180 months of imprisonment. Ms. Zhang appeals her conviction and sentence, arguing that (1) the evidence presented at trial was legally insufficient to sustain her conviction, and (2) the district court erred by failing to perform its gatekeeping function before admitting expert testimony that Ms. Zhang had confessed to the crime.

We review de novo an appellant’s claim .of insufficiency of the evidence to support her conviction. United States v. Serrata, 425 F.3d 886, 895 (10th Cir.2005). Additionally, the evidence presented at trial is viewed in a light most favorable to the government “to determine whether any rational juror could have found the elements of the crime beyond a reasonable doubt.” United States v. Dazey, 403 F.3d 1147, 1159 (10th Cir.2005). The sufficiency challenge focuses entirely on Ms. Zhang’s knowledge of the presence of drugs in the car.

Ms. Zhang’s dangerous and precipitous decision to jump back into her car and speed away at 130 miles per hour, disobeying Sergeant Schneider’s direction to stay put, strongly conveys guilt. The Supreme Court has recognized that a defendant’s flight is suggestive of wrongdoing. Illinois v. Wardlow, 528 U.S. 119, 124, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000) (finding that “[hjeadlong flight — wherever it occurs — is the consummate act of evasion: It is not necessarily indicative of wrongdoing, but it is certainly suggestive of such.”). Likewise, we have stated that “[i]t is well recognized that a defendant’s intentional flight from police officers may be used as circumstantial evidence of guilt.” United States v. Fernandez, 18 F.3d 874, 879 n. 4 (10th Cir.1994) (citing United States v. Slater, 971 F.2d 626, 636 n. 4 (10th Cir.1992)).

Testimony about Ms. Zhang’s generally nervous behavior is another factor that the jury may have evaluated in considering the evidence presented. We have held, in a similar case, that nervous behavior, only when considered with all other evidence presented against the defendant, was sufficient for a rational jury to find the defendant guilty of possession with intent to distribute cocaine. See United States v. Johnson, 57 F.3d 968, 973 (10th Cir.1995) (“Viewing the record in the light most favorable to the government and giving due deference to the jury’s assessment of the evidence and witness credibility, we conclude that a rational jury could have found beyond a reasonable doubt that [defendant] possessed the mens rea required for both offenses.”).

Last, the testimony of Mr. Chen implicating Ms. Zhang and revealing her knowledge that the vehicle contained drugs was additional evidence that the jury could weigh to determine guilt. Although Mr. Chen’s testimony has .been characterized by Ms. Zhang as “blatantly inconsistent” and “inherently improbable,” the record establishes that the jury was in the best position to try the evidence presented. For. example, the jury heard from Mr. Chen that he experienced difficulty and confusion in seeking to understand the interpreter during his second pre-trial interview. We stand by our pronouncement that we “may not weigh conflicting evidence or consider the credibility of witnesses,

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

Related

United States v. Sloan
Tenth Circuit, 2021
United States v. Duran
941 F.3d 435 (Tenth Circuit, 2019)
United States v. Rufai
732 F.3d 1175 (Tenth Circuit, 2013)
United States v. De La Cruz
703 F.3d 1193 (Tenth Circuit, 2013)
United States v. Figueroa-Cruz
500 F. App'x 759 (Tenth Circuit, 2012)
United States v. Roach
582 F.3d 1192 (Tenth Circuit, 2009)
United States v. Siyam
325 F. App'x 675 (Tenth Circuit, 2009)
United States v. Winder
557 F.3d 1129 (Tenth Circuit, 2009)
United States v. Triana
477 F.3d 1189 (Tenth Circuit, 2007)
United States v. Chavarria
202 F. App'x 310 (Tenth Circuit, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
458 F.3d 1126, 2006 U.S. App. LEXIS 20741, 2006 WL 2338074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cui-qin-zhang-ca10-2006.