United States v. Fredy Parra-Chavez

198 F. App'x 898
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 2, 2006
Docket06-10350
StatusUnpublished

This text of 198 F. App'x 898 (United States v. Fredy Parra-Chavez) 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. Fredy Parra-Chavez, 198 F. App'x 898 (11th Cir. 2006).

Opinion

PER CURIAM:

A jury convicted Fredy Parra-Chavez for: (1) conspiring to possess with intent to distribute at least 50 grams of methamphetamine; and (2) attempting to possess with intent to distribute at least 50 grams of methamphetamine. 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846. Parra-Chavez argues that the district court erroneously denied a judgment of acquittal and clearly *900 erred in imposing an unreasonable 235-month sentence. We affirm.

I. BACKGROUND

On April 11, 2005, federal agents received a tip that a private plane landing at Hartsfield Airport carried narcotics. Upon searching the plane with the consent of its only passenger, Arturo Ochoa-Gonzalez, the agents found 13 pounds of methamphetamine with a street value of approximately $91,000. Ochoa-Gonzalez immediately cooperated with the agents. He admitted that he was running drugs from Mexico to Atlanta and had done so once before. His practice was to call a contact in Mexico to get the phone number of the intended recipient in Atlanta and then call the intended recipient to arrange an exchange. The agents told Ochoa-Gonzalez to continue with the exchange as planned.

Ochoa-Gonzalez’s contact in Mexico gave him the Nextel “Direct Connect” number of Parra-Chavez, which was the same Atlanta number that Ochoa-Gonzalez had called on his previous drug run. Ochoa-Gonzalez and Parra-Chavez arranged to meet where they met the first time, the Brooks Cafeteria in Atlanta. Federal officers observed Parra-Chavez and two other men meet Ochoa-Gonzalez at the restaurant. After talking briefly, Parra-Chavez and his two companions left the restaurant. About an hour later, they returned in two cars, one of which was a green Camry. Parra-Chavez told Ochoa-Gonzalez that the money was in the trunk of the Green Camry and handed him the keys. Ochoa-Gonzalez testified that Parra-Chavez expected him to return the car with the drugs.

Federal agents arrested Parra-Chavez, seized his cell phone, and recovered $317,720.00 from the Canary's trunk. Phone records showed that Parra-Chavez had been in contact with Ochoa-Gonzalez several weeks earlier and that Parra-Chavez had also called Ochoa-Gonzalez’s contact in Mexico. Parra-Chavez was charged with conspiracy to possess and distribute methamphetamine and attempting to possess with intent to distribute methamphetamine. 21 U.S.C. §§ 841(a)(1), (b)(1)(A).

At the close of the presentation of evidence by the government at trial, ParraChavez moved for a judgement of acquittal. Fed.R.Crim.P. 29. Parra-Chavez argued that the government had failed to present sufficient evidence to prove his knowing involvement in a conspiracy or an attempt to possess and distributed methamphetamine. Parra-Chavez argued that there was no evidence, save Ochoa-Gonzalez’s testimony, that Parra-Chavez had discussed, handled, or asked for drugs or money. The district court denied the motion and a jury convicted Parra-Chavez.

Applying the Federal Sentencing Guidelines, the probation officer found that Parra-Chavez had a total adjusted base level of 38 and a criminal history category of 1, which produced a sentencing range of 235 to 293 months. Parra-Chavez argued that he should be sentenced below the guideline range because of his age, lack of criminal history, and other considerations. 18 U.S.C. § 3553. He argued that he should receive a downward adjustment for a minor role. U.S.S.G. § 3B1.2. The court overruled Parra-Chavez’s objections and sentenced Parra-Chavez to imprisonment for 235 months and supervised release of 5 years.

II. STANDARD OF REVIEW

Three standards of review govern this appeal. First, we review de novo whether sufficient evidence supports a conviction, inquiring as to whether, after viewing the evidence in the light most favorable to the government, any reasonable jury could *901 have found the essential elements of a crime beyond a reasonable doubt. See United States v. Charles, 313 F.3d 1278, 1284 (11th Cir.2002) (citations omitted). All reasonable inferences are drawn in favor of the jury’s verdict. United States v. Castro, 89 F.3d 1443, 1450 (11th Cir.1996) (citations omitted). Second, we review a denial of a minor-role reduction for clear error. United States v. De Varon, 175 F.3d 930, 937-38 (11th Cir.1999) (en banc). To conclude that the district court committed clear error, we must be “left with a definite and firm conviction that a mistake has been committed.” United States v. Crawford, 407 F.3d 1174, 1177 (11th Cir. 2005) (quotation marks omitted). Third, we review a sentence for reasonableness. See United States v. Talley, 431 F.3d 784, 785, 787 (11th Cir.2005). Review for reasonableness is deferential. Id. We reverse only if “the sentence imposed by the district court fails to achieve the purposes of sentencing as stated in section 3553(a).” Id. at 788.

III. DISCUSSION

A. The District Court Did Not Err by Denying Parra-Chavez’s Motion for Acquittal.

The burden of proof that the government bore at trial on each of the two charges is well-established. To sustain a conviction for conspiracy to possess with intent to distribute methamphetamine, the government must offer sufficient evidence to prove, beyond a reasonable doubt, that: (1) an illegal agreement existed to possess with intent to distribute methamphetamine; (2) the defendant was aware of the agreement; and (3) the defendant knowingly and voluntarily joined the agreement. Charles, 313 F.3d at 1284. Where, as here, the government’s case is based on circumstantial evidence, “reasonable inferences, and not mere speculation, must support the jury’s verdict.” Id. (internal quotations and citations omitted). A defendant’s mere presence at the scene of the crime, while a probative factor, is insufficient in itself to support a conspiracy conviction, as the government must also prove that the defendant “knew the essential nature of the conspiracy.” Id. (internal quotations and citations omitted). To sustain a conviction for attempt to possess with intent to distribute methamphetamine, the government must show that the defendant had the specific intent to engage in criminal conduct and that he took a substantial step toward commission of the offense. United States v. Baptista-Rodriguez,

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Related

United States v. Castro
89 F.3d 1443 (Eleventh Circuit, 1996)
United States v. Charles McGhee
313 F.3d 1278 (Eleventh Circuit, 2002)
United States v. Charles Crawford, Jr.
407 F.3d 1174 (Eleventh Circuit, 2005)
United States v. Scott A. Winingear
422 F.3d 1241 (Eleventh Circuit, 2005)
United States v. John Kevin Talley
431 F.3d 784 (Eleventh Circuit, 2005)
United States v. Ernst Ludwig Forbrich
758 F.2d 555 (Eleventh Circuit, 1985)
United States v. Gregory Zaccardi
924 F.2d 201 (Eleventh Circuit, 1991)
United States v. Isabel Rodriguez De Varon
175 F.3d 930 (Eleventh Circuit, 1999)

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Bluebook (online)
198 F. App'x 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-fredy-parra-chavez-ca11-2006.