United States v. Eva Cruz

508 F. App'x 890
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 29, 2013
Docket11-14043
StatusUnpublished
Cited by1 cases

This text of 508 F. App'x 890 (United States v. Eva Cruz) 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. Eva Cruz, 508 F. App'x 890 (11th Cir. 2013).

Opinion

PER CURIAM:

Roberto Cruz and Eva Cruz appeal their convictions, and Roberto Cruz appeals his sentence, for conspiracy to knowingly possess with intent to transfer unlawfully five or more false identification documents and possess a document-making implement with the intent that it be used in the production of a false identification document, in violation of 18 U.S.C. § 1028(a)(3), (a)(5), and (f). Roberto Cruz argues on appeal that there was insufficient evidence at trial, and that the district court therefore erred in denying his Rule 29 motion for acquittal. Together, the Cruzes argue that the court was required to enter a judgment of acquittal after it redacted the word “transfer” from the indictment’s language charging a conspiracy to “produce, transfer, and possess” a document-making implement. 1

*895 The Cruzes also argue that the court made five categories of erroneous eviden-tiary rulings, each requiring reversal. First, they assert that the district court admitted inadmissible and irrelevant evidence and testimony against them. Second, they argue that the court admitted inadmissable hearsay evidence in violation of their rights under the Sixth Amendment’s Confrontation Clause. Third, the Cruzes challenge the court’s decision to allow — over “Jenks [sic] and Hearsay objections” — testimony regarding a comparison between the serial numbers of money seized during a search of the Cruzes’ residence and a receipt listing the serial numbers of undercover “buy money.” Fourth, they argue that the court erred by permitting a witness to “sa[y] something about Miranda ” even though Roberto Cruz had opted to remain silent. Fifth, the Cruzes argue that the court’s erroneous evidentia-ry rulings necessitate a new trial under the cumulative error doctrine.

The Cruzes also argue, for the first time on appeal, that the government’s destruction of an audio recording, containing Eva Cruz’s potentially exculpatory remarks, violated their due process rights.

In addition to these challenges to his conviction, Roberto Cruz makes several arguments related to his sentence. Specifically, he argues that the court erred by denying his request for a reduction of his offense level under the sentencing guidelines for acceptance of responsibility. He also argues that the court erred by overruling his objection to the application of an aggravating role enhancement under Section 3B 1.1(c) of the United States Sentencing Guidelines. Roberto Cruz further argues that his sentence was procedurally and substantively unreasonable.

I.

Roberto Cruz argues that the court erred by denying his Rule 29 motion based on a lack of sufficient evidence. “We review de novo the denial of a motion for acquittal and the sufficiency of the evidence to sustain a conviction.” United States v. Tampas, 498 F.3d 1291, 1297 (11th Cir.2007). We “view[ ] the evidence in the light most favorable to the government and draw[ ] all reasonable inferences and credibility choices in favor of the jury’s verdict.” Id. at 1297-98 (quotation marks omitted). Where, as in this case, the jury convicted the defendant, we will affirm the conviction “if a reasonable juror could have concluded that the evidence established [the defendant’s] guilt beyond a reasonable doubt.” Id. at 1298.

Roberto Cruz was charged with conspiracy to violate 18 U.S.C. § 1028(a)(3) and (a)(5). To convict a defendant of conspiracy, the government must prove, beyond a reasonable doubt, “(1) that a conspiracy existed; (2) that [the defendant] knew about the conspiracy; and (3) that [he] knowingly joined the conspiracy.” United States v. Garcia-Bercovich, 582 F.3d 1234, 1237 (11th Cir.2009). The underlying offense, § 1028(a)(3), makes it illegal to “knowingly possess[] with intent to use unlawfully or transfer unlawfully five or more identification documents ... authentication features, or false identification documents.” 18 U.S.C. § 1028(a)(3). Section 1028(a)(5) makes it illegal to “knowingly produce[ ], transfer[ ], or possess[ ] a *896 document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document.” Id. § 1028(a)(5).

The government’s evidence at trial was sufficient for a reasonable juror to find that the Cruzes and Alex Cruz Juarez 2 had knowingly agreed to possess, with intent to transfer, five or more false identification documents and to possess a document-making instrument with intent to use it to make false documents. The government presented evidence that showed that Roberto Cruz knew of and participated in the conspiracy. For example, Alex Cruz Juarez testified that Roberto Cruz instructed him to use the computer to make identification cards and that Roberto Cruz set the prices for those cards. Undercover Officer Samuel Gonzalez testified about the role Roberto Cruz played when Officer Gonzalez and a confidential informant purchased false identification cards. There was also evidence that the aim of the conspiracy was to produce five or more identification cards because the conspirators sold more than that amount to Officer Gonzalez.

In addition, the government did not have to prove that the defendants accomplished the purpose of the conspiracy. See United States v. Campa, 529 F.3d 980, 1002 (11th Cir.2008). There must only be evidence of an overt act, which may be innocent in nature, that furthered the purpose of the conspiracy. Id. at 1002. The jury could have reasonably found that this requirement was satisfied by evidence of Roberto Cruz’s role in the sales of false documents to a woman who testified at trial and to a confidential informant whose interactions with Roberto Cruz were recorded by the police.

Further, contrary to Roberto Cruz’s argument, the government did not have to prove that the conspiracy was to perform acts that were “in or affeet[ing] interstate ... commerce.” 18 U.S.C. § 1028(c). To convict a defendant under § 1028(a), the circumstance involved must be one of those listed in § 1028(c). See id. § 1028(a). One such circumstance is that the conspiracy was “in or affect[ing] interstate ... commerce.” Id. § 1028(c). However, other circumstances permit prosecution under § 1028(c). For example, prosecution is permitted if the “false identification document[s]” involved in the case “appear[] to be issued by or under the authority of the United States.” Id. § 1028(c)(1). Prosecution is also permitted if the “document-making implement” was intended to create documents that “appear[ ] to be issued by or under the authority of the United States.”

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Bluebook (online)
508 F. App'x 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-eva-cruz-ca11-2013.