United States v. Daniel Sawyer

361 F. App'x 96
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 15, 2010
Docket09-10395
StatusUnpublished
Cited by2 cases

This text of 361 F. App'x 96 (United States v. Daniel Sawyer) 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. Daniel Sawyer, 361 F. App'x 96 (11th Cir. 2010).

Opinion

PER CURIAM:

Defendant Daniel Sawyer appeals his conviction for conspiring to possess with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B) & 846. After review, we affirm.

I. BACKGROUND

A. Offense Conduct

This case arises out of a drug investigation by the Sarasota Police Department in Sarasota, Florida, leading to the May 29, 2008 arrest of five individuals: defendant Sawyer, Diogenes Balbuena, Jimmy Morales-Gareia (“Garcia”), Gilberto Montas, and Henry Guzman. Defendant Sawyer went to trial alone, and his trial showed the following facts.

A few months before the arrests, Guzman told Garcia that he had a friend (Sawyer) who wanted to buy some cocaine. Garcia contacted Montas about purchasing cocaine through Montas.

Approximately a week before the arrests, Garcia learned that Montas had located a source for the cocaine. Garcia agreed to buy two kilograms of cocaine from Montas at a price of $23,500 per kilogram. Garcia informed Guzman, and Guzman indicated that his friend (Sawyer) was interested in purchasing the cocaine at this price.

On May 29, 2008, the day of the arrests, Balbuena attempted to buy cocaine from an undercover police officer, Detective Derrick Gilbert. Balbuena was arrested and agreed to cooperate with the police. Balbuena led Detective Gilbert and a confidential source for the police (“CS”) to a restaurant where the Garcia/Montas deal was to occur.

On that same day, Garcia went to Guzman’s apartment. Defendant Sawyer arrived at the apartment later on, after which Garcia noticed that there was a plastic bag containing money in the apartment. Garcia spoke with Montas by telephone about the cocaine deal and agreed to meet Montas at a gas station.

Defendant Sawyer, along with Guzman, Garcia, and a female driver, drove to the gas station in a sport utility vehicle (“SUV”), during which time a plastic bag containing the money was at Sawyer’s feet. At the gas station, they met Montas and followed him to a restaurant.

At the restaurant, Montas went inside to met with Balbuena and the CS. The three then exited the restaurant and approached the SUV. Defendant Sawyer showed the money to Balbuena and the CS.

Either Balbuena or the CS asked who was going to test the cocaine. Defendant Sawyer got out of the SUV and was led by Balbuena and the CS into Detective Gilbert’s undercover vehicle, parked nearby. *98 Defendant Sawyer entered the front passenger-side compartment of the undercover vehicle, and Balbuena and Montas boarded the rear passenger area, while the CS waited outside the undercover vehicle. Detective Gilbert, who was in the driver’s seat and had placed a bag containing two kilograms of cocaine on the console, asked Montas who the drugs were for. Montas indicated that he and Sawyer intended to purchase the cocaine. Detective Gilbert opened the bag and placed it in Sawyer’s lap. Sawyer sampled the cocaine and approved.

Defendant Sawyer then told Gilbert that Sawyer was going to retrieve the money to purchase the cocaine, and Sawyer next returned to the SUV. Once at the SUV, Sawyer asked its occupants whether they knew the drug sellers and whether the sellers were “trustworthy.” A short time later, a police team arrived at the scene and arrested Sawyer, Garcia, Montas, and Guzman. The police found a plastic bag containing $44,720 in cash inside the SUV.

B. Indictment and Trial

A grand jury indicted defendant Sawyer, Balbuena, Garcia, and Montas, 1 with a single count each of knowingly and willingly conspiring to possess with intent to distribute 500 grams or more of cocaine, from at least April 29, 2008 to May 29, 2008, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 846.

Montas pled guilty to the single drug conspiracy count in the indictment; Garcia pled guilty to misprision of a felony; and Balbuena initially signed a plea agreement as to the drug conspiracy count in the indictment, but failed to appear for his plea hearing and is a fugitive. Defendant Sawyer proceeded to trial alone and was convicted. The district court sentenced Sawyer to thirty years’ imprisonment. Sawyer timely appealed.

II. DISCUSSION

A. Prior Convictions

Sawyer first contends that the district court abused its discretion in admitting these prior drug convictions under Federal Rule of Evidence 404(b): (1) a 1997 conviction in Florida for possession of cocaine; (2) a 1998 conviction in Florida for possession of cocaine with intent to sell; and (3) two 1999 convictions in Florida for sale and possession of cocaine. 2 Sawyer argues that these prior convictions were not admissible under Rule 404(b) because (1) none of these prior convictions is for conspiracy to possess cocaine, and (2) they were too remote in time (each at least ten years old) to be probative of his intent to commit the offense for which he was tried.

Federal Rule of Evidence 404(b) provides:

Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident ....

Fed.R.Evid. 404(b). We use this three-part test to determine whether prior bad acts, including convictions, are admissible under Rule 404(b):

*99 First, the evidence must be relevant to an issue other than the defendant’s character; Second, the act must be established by sufficient proof to permit a jury finding that the defendant committed the extrinsic act; Third, the probative value of the evidence must not be substantially outweighed by its undue prejudice....

United States v. Matthews, 431 F.3d 1296, 1310-11 (11th Cir.2005) (quotation marks omitted).

Under the first prong, “in every conspiracy case, a not guilty plea renders the defendant’s intent a material issue. Evidence of such extrinsic evidence as may be probative of a defendant’s state of mind is admissible unless the defendant affirmatively takes the issue of intent out of the case.” Id. at 1311 (alterations and internal quotation marks omitted).

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Bluebook (online)
361 F. App'x 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-daniel-sawyer-ca11-2010.