United States v. Dwight Walden

175 F. App'x 308
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 10, 2006
Docket04-12457, 04-12695; D.C. Docket 03-20566-CR-JAL
StatusUnpublished
Cited by2 cases

This text of 175 F. App'x 308 (United States v. Dwight Walden) 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. Dwight Walden, 175 F. App'x 308 (11th Cir. 2006).

Opinions

PER CURIAM:

Dwight Walden, Jose Godinez, Lionel Gallimore, and Roy Geer appeal their convictions and sentences imposed after a jury found them guilty of conspiracy to import cocaine, in violation of 21 U.S.C. §§ 952(a), 963, and 960(b)(1) (Count 1); attempted importation of cocaine, in violation of 21 U.S.C. §§ 952(a), 963, and 960(b), and 18 U.S.C. § 2 (Count 2); conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1), 846, and 841(b)(1)(A) (Count 3); and attempted possession with intent to distribute co[310]*310caine, 21 U.S.C. §§ 841(a)(1), 846, and 841(b)(1)(A), and 18 U.S.C. § 2 (Count 4).

The appellants raise several arguments. First, Walden, Godinez, Gallimore, and Geer claim the evidence was insufficient to sustain their convictions. Second, Godinez contends that the district court committed reversible error by restricting the cross-examination of government witnesses and his presentation of evidence pertaining to his defenses of lack of knowledge and specific intent. Third, Walden, Gallimore, and Geer argue that the district court erred by allowing the redaction of a post-arrest statement by Godinez in violation of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968). Fourth, Gallimore and Godinez claim that the district court committed reversible error under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), in imposing their sentences. We affirm the convictions of Walden, Godinez, Gallimore, and Geer, but we vacate and remand the sentences of Godinez and Gallimore.

I. Facts

The security manager of Seaboard Marine, a shipping company, contacted the Bureau of Immigration and Customs Enforcement (“BICE”) upon receipt of information that the crew of the vessel Seaboard Florida discovered duffel bags filled with cocaine. BICE agents and other law enforcement personnel boarded the vessel, inspected the bags, replaced the suspected cocaine with sham cocaine, and put the bags back in the location where they were discovered. BICE Agents Figueroa, Keck, and Landry remained on board to conduct surveillance.

Shortly after the vessel was cleared for boarding and cargo unloading in Miami, the agents observed several men go from the dock onto the main cargo deck from which the cargo containers were to be unloaded. Figueroa, dressed as a crew member and stationed just outside the vessel, testified that he observed several men go on board and then saw a man, later identified as Geer, drive a yellow work truck onto the main deck. Keck testified that he saw the four defendants walk toward the storage area, also referred to at trial as the “junk pile” area, where Keck was hiding. Keck said that Walden stood on top of a wooden spool in the junk pile area while a flashlight beam panned over the space. According to Keck, Walden made hand gestures in the direction of the other defendants and then bent down and picked up one of the duffel bags, walking away with it. Keck then saw Godinez pick up the other bag and start to walk out of the area.

After the duffel bags were moved from the storage area, the agents arrested the men. Landry testified that at the BICE office, Godinez consented to an interview with the agents. Godinez stated that Geer directed him to follow him and pick something up. Godinez said that he suspected that it was something illegal, and that he was to receive an unknown amount of money for this task. The presentence investigation report (“PSI”) also contained a statement that 58.95 kilograms of cocaine were seized. At trial, the parties stipulated to the amount of cocaine and that the cocaine had a total value of approximately $1,061,100 to $1,179,000.

II. Discussion

A. Sufficiency of the Evidence

We review claims regarding sufficiency of the evidence supporting a conviction de novo, resolving “all reasonable inferences and credibility evaluations in favor of the jury’s verdict.” United States v. Rudisill, 187 F.3d 1260, 1267 (11th Cir.1999) (internal quotes omitted). The evidence need not “exclude every reasonable hypothesis [311]*311of innocence or be wholly inconsistent with every conclusion except that of guilt,” because “[a] jury is free to choose among the constructions of the evidence.” United States v. McDowell, 250 F.3d 1354, 1365 (11th Cir.2001) (internal quotes omitted). “The jury’s verdict must stand unless no trier of fact could have found guilt beyond a reasonable doubt.” United States v. Lyons, 53 F.3d 1198, 1202 (11th Cir.1995).

To support appellants’ conspiracy convictions (Counts 1 and 3), the government must prove “(1) that a conspiracy existed, (2) that the defendant knew of it, and (3) that the defendant, with knowledge, voluntarily joined it.” United States v. Perez-Tosta, 36 F.3d 1552, 1557 (11th Cir.1994). The government may show participation in a conspiracy by direct or circumstantial evidence, United States v. Anderson, 326 F.3d 1319, 1329 (11th Cir.2003), and need prove only “that the defendants] knew the general nature and scope of the conspiracy.” United States v. Clark, 732 F.2d 1536, 1539 (11th Cir.1984). Association with a conspirator or presence at the scene of the crime is not in itself sufficient to prove knowing participation in a conspiracy, but presence is nonetheless a “material and probative factor that the jury may consider in reaching its verdict.” United States v. Iglesias, 915 F.2d 1524, 1527 (11th Cir.1990).

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Bluebook (online)
175 F. App'x 308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-dwight-walden-ca11-2006.