United States v. David Garcia

588 F. App'x 167
CourtCourt of Appeals for the Third Circuit
DecidedOctober 16, 2014
Docket10-4419
StatusUnpublished

This text of 588 F. App'x 167 (United States v. David Garcia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. David Garcia, 588 F. App'x 167 (3d Cir. 2014).

Opinion

OPINION

McKEE, Chief Judge.

David Garcia appeals his conviction for conspiracy to distribute cocaine under 21 U.S.C. § 846 (“drug conspiracy”). His only argument on appeal is that there was insufficient evidence to support the jury’s verdict. We disagree and hold that the evidence was sufficient to sustain Garcia’s conviction.

I. BACKGROUND

Garcia was convicted of drug conspiracy for his role in the Phillips Cocaine Organization (“PCO”); an interstate cocaine trafficking organization that operated between 1998 and 2007. The PCO had outlets in several jurisdictions, including New Jersey, Pennsylvania, New York, Maryland, the District of Columbia, and Virginia. The Alvear Cocaine Supply Organization (“ACSO”), which operated out of Texas and was controlled by Ramon Alvear, was a major supplier of the PCO.

The principal evidence against Garcia was Ramon Alvear’s testimony that Garcia was an active member of the ACSO who had some contact with the PCO. However, a number of PCO members also testified that Garcia had been involved in the PCO’s drug trafficking conspiracy. The witnesses testified that Garcia was involved in the transportation of drugs from the ACSO in Texas to the PCO in the northeastern United States, and that he aided in the transport of the payments from the PCO back to the ACSO. Garcia delivered drugs to other ACSO clients on occasion, and he was involved in helping the A CSO purchase cocaine from distributors in Mexico and Texas, some of which was resold to the PCO.

After a lengthy trial involving eleven codefendants, Garcia was convicted of drug conspiracy and sentenced to 258-month term of imprisonment followed by five years of supervised release. As we noted at the outset, he now challenges only the sufficiency of the evidence. 1 For the reasons that follow, we find that the evidence was sufficient to support the jury’s guilty verdict.

II. DISCUSSION

A. Standard of Review

An appellant who claims that the evidence was insufficient to justify a guilty verdict faces a “heavy burden,” as our standard of review is highly deferential. United States v. Gibbs, 190 F.3d 188, 197 (3d Cir.1999). “[T]he critical inquiry on review of the sufficiency of the evidence to support a criminal conviction ... is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Caraballo-Rodriguez, 726 F.3d 418, 424-25 (3d Cir.2013) (en banc) (quoting Jackson v. Virginia, 443 U.S. 307, 318-19, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)).

B. The Sufficiency of the Evidence

Garcia was convicted of conspiracy to distribute cocaine pursuant to 21 U.S.C. § 846. “To prove a conspiracy, the government must show: (1) a shared unity of purpose; (2) an intent to achieve a com *169 mon illegal goal; and (3) an agreement to work toward that goal.” Caraballo-Rodriguez, 726 F.3d at 425. The government may prove each of these elements with circumstantial evidence. Gibbs, 190 F.3d at 197. Indeed, “[t]he existence of a conspiracy ‘can be inferred from evidence of related facts and circumstances from which it appears as a reasonable and logical inference!] that the activities of the participants ... could not have been carried on except as the result of a preconceived scheme or common understanding.’” Id. (citing United States v. Kapp, 781 F.2d 1008, 1010 (3d Cir.1986)).

We have stated that “a simple buyer-seller relationship, without any prior or contemporaneous understanding beyond the sales agreement itself, is insufficient to establish that the buyer was a member of the seller’s conspiracy.” Id. The converse is also true. However, “even an occasional supplier ... can be shown to be a member of the conspiracy by evidence, direct or inferential, of knowledge that she or he was part of a larger operation.” Id. at 198 (citations omitted). For example, we have held that evidence that a drug supplier was informed by the buyer of a third’ party’s complaint about the drugs could establish that the supplier knew he was part of a larger drug operation, and thus that this evidence supported a conviction for conspiracy. See United States v. Theodoropoulos, 866 F.2d 587, 593-94 (3d Cir.1989), overruled on other grounds by United States v. Price, 76 F.3d 526, 528 (3d Cir.1996). This is true even if the supplier “had been only an occasional supplier, and did not himself know all the details, goals, or other participants of the broader conspiracy.” Id. at 594.

The evidence here clearly supports the conclusion that Garcia was a member of the ACSO, 2 but the question before this Court is whether the evidence was also sufficient to prove that Garcia was co-conspirator in the PCO conspiracy. The government introduced evidence that Garcia participated in large shipments of cocaine from the ACSO to the PCO, and that he transported large shipments of money from the PCO to the ACSO. There was ample evidence from which a reasonable jury could infer that Garcia was aware that he was participating in a drug operation that went beyond the transactions in which he directly participated.

Four witnesses testified that Garcia was involved in a large drug transaction between the ACSO and the PCO, valued at $800,000 to $1,000,000, in the summer of 2003. Mark Harris and Ronald Copper worked with Maurice Phillips, the leader of the PCO. Harris and Copper testified that they hired a new driver, Marco Camacho, to deliver money to the ACSO in Texas and to transport cocaine back to the northeastern United States. Supplemental Appendix (“SuppApp.”) 907-09, 1642. The money that Camacho drove to Texas originated with Phillips. Id. 907-09. Garcia accompanied Camacho on the trip from Pennsylvania to Texas to ensure that Camacho, who was new and not yet trusted, would not steal the money. Id. 907-09, 1419-24. When the truck arrived in Texas, Alvear and Garcia discussed their concerns that Camacho’s truck, which was in very bad condition, would attract unwanted attention from the Department of *170 Transportation on the return trip. Id. 1142, 1419-24.

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Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
United States v. Thomas Price
76 F.3d 526 (Third Circuit, 1996)
United States v. Richard Caraballo-Rodriguez
726 F.3d 418 (Third Circuit, 2013)
United States v. Gibbs
190 F.3d 188 (Third Circuit, 1999)
United States v. Theodoropoulos
866 F.2d 587 (Third Circuit, 1989)

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Bluebook (online)
588 F. App'x 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-david-garcia-ca3-2014.