United States v. Francisco Pichardo

659 F. App'x 603
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 28, 2016
Docket14-12829
StatusUnpublished

This text of 659 F. App'x 603 (United States v. Francisco Pichardo) 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. Francisco Pichardo, 659 F. App'x 603 (11th Cir. 2016).

Opinion

PER CURIAM:

Francisco Pichardo appeals his convictions after a jury trial and 130-month sentence for conspiracy to import cocaine, conspiracy to possess with intent to distribute cocaine, and possession with the intent to distribute cocaine, in violation of 21 U.S.C. §§ 963, 846, and 841(a)(1). Pi-chardo raises three arguments on appeal. First, Pichardo contends that the district court epred in finding that he voluntarily waived his Miranda rights and admitting his posj>arrest confession. Second, he argues that the evidence presented was not sufficient to support his convictions: Third, Pichardo asserts that the court erred in failing to award him a minor-participant role reduction based on his limited involvement in the conspiracy. After careful review of the record and consideration of the parties’ briefs, we affirm.

L.

Pichardo first argues that the district court erred in denying his motion to suppress statements that he made after his arrest, which the court admitted after find- *605 mg that Pichardo voluntarily waived his Miranda rights. A district court’s denial of a motion to suppress involves mixed questions of law and fact, and we review its findings of fact for clear error and its application of the law to those facts de novo. United States v. Bervaldi, 226 F.3d 1256, 1262 (11th Cir. 2000). When considering a ruling oh a motion to suppress, we construe the facts in the light most favorable to the party who prevailed below. Id. We give substantial deference to the district court’s credibility determinations with respect to witness testimony. United States v. McPhee, 336 F.3d 1269, 1275 (11th Cir. 2003).

In deciding whether a post-arrest statement can be admitted into evidence, courts first decide whether the law enforcement officer complied with the Miranda requirements by informing the defendant of his rights. United States v, Bernal-Benitez, 594 F.3d 1303, 1317-18 (11th Cir. 2010). If so, we determine whether any post-Miranda confession was voluntary. Id. at 1318.

Miranda requires that law enforcement officers advise a person who is subject to custodial interrogation about certain rights. Id. A defendant may waive his Miranda rights, “but only if the waiver is made voluntarily, knowingly and intelligently.” Id. (quotation omitted). Based on the “totality of the circumstances surrounding the interrogation,” the court must conclude that the Miranda waiver was the result of a “free and deliberate choice rather than intimidation, coercion, or deception,” and was “made with a full awareness of both the nature of the right being abandoned and the consequences of th[at] decision.” Id. (quotation omitted). The government bears the burden of proving by a preponderance of the evidence that a defendant effectively waived his Miranda rights. Id.

The district court did not err in denying Pichardo’s, motion to suppress his post-arrest statements. At Pichardo’s arrest, the officers gave both oral and written statements to inform Pichardo of his rights. There is sufficient evidence to show that Pichardo knowingly and voluntarily waived his Miranda rights. An arresting officer testified that Pichardo waived his Miranda rights after he had time to review a waiver form that explained his rights in detail. The district court was free to find the officer’s testimony credible and rely on it in reaching its ultimate decision. See McPhee, 336 F.3d at 1275.

There was also no evidence that Pichar-do was coerced into waiving his rights. Pichardo argues on appeal (as he did at the suppression hearing) that he was under stress to waive his rights because his children were home during his arrest. But the district court did not err when it concluded that the totality of the circumstances surrounding the waiver indicated that his waiver was knowing and voluntary. For example, the arresting officer had Pichardo call his children’s mother to join the children in the house, the arresting officer told Pichardo that he did not need to sign the Miranda waiver or talk to the officers, and Pichardo was not handcuffed when he reviewed and signed the form. On this record, the district court did not err in concluding that Pichardo’s post-arrest statements were admissible.

IL

Pichardo next argues that the evidence presented at trial was not sufficient to support his convictions and that the district court erred in denying his motion for judgment of acquittal. We review de novo the sufficiency of the evidence and the district court’s denial of a motion for judgment of acquittal. United States v. Bowman, 302 F.3d 1228, 1237 (11th Cir. 2002) *606 (per curiam). In evaluating the sufficiency of the evidence, we view the facts and draw all reasonable inferences in the light most favorable to the government. United States v. Hansen, 262 F.3d 1217, 1236 (11th Cir. 2001) (per curiam). We also “accept all of a jury’s inferences and determinations of witness credibility.” United States v. Glinton, 154 F.3d 1245, 1258 (11th Cir. 1998). We will not overturn a jury’s verdict if a reasonable factfinder could have concluded that the evidence established the defendant’s guilt beyond a reasonable doubt. Hansen, 262 F.3d at 1236.

To sustain a conviction for conspiracy to import cocaine under 21 U.S.C. § 963 “the government must prove that the [defendant] agreed to import narcotics into the United States and knowingly and voluntarily participated in the agreement.” United States v. Obregon, 893 F.2d 1307, 1311 (11th Cir. 1990). The government does not need to prove that each alleged conspirator knew every detail of the conspiracy, and it may establish sufficient proof of knowledge by showing that the defendant “knew of the essential purpose of the conspiracy,” Id. .

To sustain a conviction for conspiracy to possess cocaine with intent to distribute in violation of 18 U.S.C. § 846, the government must prove that: (1) a conspiracy existed; (2) the defendant knew about the conspiracy; (3) the defendant knowingly, and voluntarily joined it. United States v. Lopez-Ramirez, 68 F.3d 438, 440 (11th Cir. 1995).

To sustain a conviction for possession with intent to distribute cocaine in violation of 21 U.S.C.

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

Related

United States v. Lopez-Ramirez
68 F.3d 438 (Eleventh Circuit, 1995)
United States v. Christian A. Hansen
262 F.3d 1217 (Eleventh Circuit, 2001)
United States v. Harry Bowman
302 F.3d 1228 (Eleventh Circuit, 2002)
United States v. McPhee
336 F.3d 1269 (Eleventh Circuit, 2003)
United States v. Mercer
541 F.3d 1070 (Eleventh Circuit, 2008)
United States v. Bernal-Benitez
594 F.3d 1303 (Eleventh Circuit, 2010)
United States v. Isabel Rodriguez De Varon
175 F.3d 930 (Eleventh Circuit, 1999)
United States v. Jason R. Bervaldi
226 F.3d 1256 (Eleventh Circuit, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
659 F. App'x 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-francisco-pichardo-ca11-2016.