United States v. Garcia-Carrasquillo

483 F.3d 124, 2007 U.S. App. LEXIS 7609, 2007 WL 969514
CourtCourt of Appeals for the First Circuit
DecidedApril 3, 2007
Docket05-1684 to 05-1686
StatusPublished
Cited by70 cases

This text of 483 F.3d 124 (United States v. Garcia-Carrasquillo) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Garcia-Carrasquillo, 483 F.3d 124, 2007 U.S. App. LEXIS 7609, 2007 WL 969514 (1st Cir. 2007).

Opinion

TORRUELLA, Circuit Judge.

Co-defendants-appellants Tomás Gareia-Carrasquillo, José R. Claudio-Garcia, and Reynaldo González-Rivera were convicted of multiple counts involving the possession of drugs and firearms. On appeal, Garcia-Carrasquillo and Claudio-Garcia challenge the sufficiency of the evidence against them, and González-Rivera challenges various aspects of his sentence. After careful consideration, we affirm Garcia-Carras-quillo’s and Claudio-Garcia’s convictions, but we vacate González-Rivera’s sentence and remand for re-sentencing due to the inadequacy of the district court’s explanation for selecting the sentence imposed.

I. Background

A. The Scene of the Crime

On May 9, 2003, at approximately 5:45 p.m., Agents Héctor Valentin and Nelson González-Rodríguez of the Puerto Rico Police Department’s Special Arrests and Extraditions Division established surveillance of a residence in the Rio Grande area of northeastern Puerto Rico, in relation to two local felony arrest warrants for Gar-cía-Carrasquillo and a fugitive arrest warrant for Claudio-Garcia. 1 The split-level house consisted of the main residence on the upper level, and a small ground-level apartment accessed by a door under a carport at the front of the house. The carport stood over a driveway that led to a gate and then out to the road in front of the house. The agents parked their unmarked car on the road approximately 100 meters up a hill from the house, where they could observe activity around the house with binoculars. From their vantage point, they could see a Ford Bronco parked under the carport at the front of the house. They could not see the door to the ground-level apartment located behind the Bronco, nor could they see a short staircase on the left side of the carport. 2 They could, however, see the staircase leading to the main entrance on the upper level of the house.

Around two hours later, a stolen Mazda Protegé 3 pulled up and parked on the road in front of the house, outside a gate across the driveway. Gareia-Carrasquillo and Claudio-Garcia exited the vehicle and entered the carport, presumably to enter the ground-level apartment at the rear of the carport, though it is unclear whether the agents actually saw the men enter, or later exit, through the door to the apartment. 4 *127 Fifteen minutes later, Garcia-Carrasquillo walked out from under the carport carrying an assault rifle, which he placed in the trunk of the Mazda Protegé. He then returned to the carport.

At this point, the agents notified their supervisor, Lieutenant Herminio Díaz, of the situation. Lieutenant Diaz mobilized the SWAT team and posted two agents, José Nevárez Ortiz and Richard Carrera, at the back of the house. As the SWAT team approached the house, José David Cruz-González, the owner of the house, who was somewhere outside the gate across the driveway in front of the house, 5 ran through the gate toward the house shouting that the police were there. The three co-defendants in the case, Garcia-Carrasquillo, Claudio-Gareía, and Gonzá-lez-Rivera, then ran out of the ground-level apartment and joined Cruz-González in fleeing towards the back of the house.

At the back of the house, the four men jumped over a fence and continued to run. Agent Nevárez shouted for the men to stop and told them they were under arrest. The fleeing men and the officers then exchanged gunfire; González-Rivera was shot in the leg. The men continued to run and exchange gunfire with the pursuing police until the four men fell into a large hole in the ground, 6 where they were apprehended and arrested. The three co-defendants were each found with loaded firearms on their persons; however, no drugs or paraphernalia were found on any of the defendants at the time of their arrest.

Meanwhile, back at the house, the SWAT team, Lieutenant Diaz, and Agent Valentin searched the ground-level apartment, where they found a large amount of cocaine and cocaine base (crack cocaine), a small amount of marijuana, and assorted drug paraphernalia, including a stove for cooking crack cocaine and items used to break up cocaine rocks. The cocaine base was packaged in approximately 972 vials, which were placed in plastic bags labeled by drug distribution point. The Mazda Protegé was taken to the police station after the arrest; when the police opened the trunk, they found an AR-15 rifle along with the AK-47 that the agents had seen Garcia-Carrasquillo put there during their surveillance. The police did not take any fingerprints from the drugs, paraphernalia, or firearms recovered from the apartment or the vehicle, nor from the firearms found on the defendants at the time of their arrest.

B. Legal Proceedings

On May 10, 2003, the defendants were taken before a local magistrate judge for a probable cause hearing. After the judge advised the defendants of their right to remain silent, Garcia-Carrasquillo voluntarily disclosed that all of the drugs and firearms seized the previous day belonged to him.

On December 17, 2003, a grand jury returned a seven-count Superseding Indictment against the defendants. 7 Counts One and Two charged that all three defendants, aiding and abetting each other, *128 knowingly possessed with the intent to distribute 96.87 grams of cocaine base and 299.96 grams of cocaine, respectively, in violation of 21 U.S.C. § 841(a)(1). Count Three charged Garcia-Carrasquillo with knowingly possessing certain firearms in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1). Count Four charged all three defendants with knowingly using, carrying, and discharging certain firearms in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(e)(l)(A)(iii), (C)(i). Counts Five and Six charged Garcia-Carrasquillo and Gon-zález-Rivera, respectively, with being a felon in possession of certain firearms in violation of 18 U.S.C. § 922(g)(1). Count Seven charged Claudio-Garcia with being a fugitive in possession of certain firearms, also in violation of 18 U.S.C. § 922(g)(2).

The defendants were tried over nine days in March and April of 2004. At the close of the government’s case, the defendants moved for judgments of acquittal on the ground of insufficient evidence; the district court denied the motions. The court also denied the defendants’ renewed motions for judgment of acquittal the following day.

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Bluebook (online)
483 F.3d 124, 2007 U.S. App. LEXIS 7609, 2007 WL 969514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-garcia-carrasquillo-ca1-2007.