United States v. Garcia-Gracia

324 F. App'x 286
Court of Appeals for the Fifth Circuit·Decided March 30, 2009·No. 08-40191·Unpublished·Cited by 6 cases

Opinions

PER CURIAM: *

Appellant Paulina Garda-Gracia (Garcia) was convicted by a jury of conspiracy [288] to possess with intent to distribute cocaine and conspiracy to import cocaine. On appeal, Garcia challenges the district court’s denial of her motion for judgment of acquittal, the court’s admission of prior acts evidence, and whether remarks made by the prosecutor require reversal. Alternatively, Garcia seeks a remand by this court for a new trial. For the foregoing reasons, we affirm the judgment of Garcia’s conviction.

I. Factual and Procedural Background

On February 5, 2007, Garcia arrived at a checkpoint at the United States border, entering from Mexico. Garcia was driving a Chevrolet Monte Carlo. Anastaeio Hur-tado-Torres (Torres), her boyfriend’s brother, was the only passenger. During a preliminary inspection, Garcia told Custom and Border Patrol (CBP) Officer Fransisco Urbina that she had been in Matamoros, Mexico, for a dentist appointment and was on her' way to Corpus Christi, Texas, where she lived. Garcia told Urbina that the Monte Carlo belonged to her. The Monte Carlo generated a Treasury Enforcement Communication System (TECS) hit and was referred to secondary for further inspection. At secondary, Garcia told CBP Officer Jose Leal that the Monte Carlo belonged to her boyfriend, Fransisco Hurtado (Hurtado), and that he was currently incarcerated. Garcia also told Leal she was traveling to Corpus Christi because she lived there. During the inspection of the Monte Carlo, CBP Officer Jaime Gonzalez noticed that the rear floor of the Monte Carlo appeared to be raised four to five inches higher than normal. Officers removed the back seat, carpet, and drain plugs on the floor of the car, and discovered a hidden compartment. A narcotics dog alerted to silver packages that were visible in the hidden compartment on the passenger side of the car. The officers were unable to access the packages through the floor. Officers struck the rocker panels on the side of the car, revealing a non-factory “trap-door” on both the driver and passenger sides of the car, which provided access to the compartment. No drugs were recovered from the driver’s side of the car. The packages were covered in plastic, wet mustard, and metal tape, and contained what was later confirmed as cocaine. In total, 19.85 kilograms of cocaine were recovered from the car.

Garcia was taken into custody; she waived her Miranda rights, and was questioned by Immigration and Customs Enforcement (ICE) Special Agent Maria Bernal. Garcia denied knowledge of the hidden compartment and the drugs. Garcia told Bernal that she had not had access to the Monte Carlo since Hurtado’s arrest during a January 5, 2007 border crossing.1 Garcia said she took the car to Hurtado’s father’s house in Matamoros, Mexico, then took a bus back to Corpus Christi where she stayed for two or three weeks. Garcia stated that she did not use the Monte Carlo again until the date of her arrest. For the first time, Garcia stated that she was going to Corpus Christi to visit her daughter in the emergency room. She told Bernal that she had originally planned to take the bus to Corpus Christi that day, but had changed her mind and agreed to ride with Torres in the Monte Carlo. She could not recall [289] whose idea it was to travel in the Monte Carlo. At the time of her arrest, Garcia had two pre-paid cell phones and $2,390 in cash on her person, which she told Bernal was for the February 5, 2007 dentist appointment in Matamoros.

On February 20, 2007, Garcia was indicted on four counts: (1) conspiracy to possess with intent to distribute more than 5 kilograms of cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1); (2) knowingly and intentionally possessing with intent to distribute more than 5 kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A); (3) conspiracy to import more than 5 kilograms of cocaine, in violation of 21 U.S.C. §§ 963, 960; and (4) knowingly and intentionally importing more than 5 kilograms of cocaine, in violation of 21 U.S.C. §§ 952(a), 960.

At trial, Garcia testified that she lived in Matamoros with Hurtado approximately eighty percent of the time, spending the remainder of her time in Corpus Christi, where she rented an apartment. Garcia testified that she had, in fact, driven the Monte Carlo before her February 5, 2007 arrest, as evidenced by a border crossing in the car on January 14, 2007. Garcia testified that the reason she was traveling to Corpus Christi on February 5, 2007, was to visit her daughter in the emergency room, and that Torres had offered her a ride in the Monte Carlo because he was also traveling to Corpus Christi. Garcia testified that Torres had been driving the car, but asked Garcia to drive just before they crossed the border because he was high on crack cocaine. Garcia denied all knowledge of the hidden compaitment and the cocaine.

On July 18, 2007, a jury found Garcia guilty of the conspiracy counts. Garcia was sentenced to 121 months in prison, five years of supervised release, and a $200 special assessment. The district court denied Garcia’s motion for judgment of acquittal. Garcia timely filed a notice of appeal.

II. Analysis

A. Sufficiency of the evidence

Garcia preserved her challenge to the sufficiency of the evidence, thus we review her motion for judgment of acquittal de novo. See United States v. Anderson, 174 F.3d 515, 522 (5th Cir.1999). “In reviewing the sufficiency of the evidence, we view the evidence and the inferences drawn therefrom in the light most favorable to the verdict, and we determine whether a rational jury could have found the defendant guilty beyond a reasonable doubt.” United States v. Mitchell, 484 F.3d 762, 768 (5th Cir.2007). “The evidence need not exclude every reasonable hypothesis of innocence or be wholly inconsistent with every conclusion except that of guilt, and the jury is free to choose among reasonable constructions of the evidence.” Anderson, 174 F.3d at 522 (quotations omitted).

To sustain Garcia’s conspiracy convictions, the government must establish (1) an agreement between two or more persons to violate the narcotics law; (2) that Garcia knew of the conspiracy agreement; and (3) that Garcia voluntarily participated in the conspiracy. See United States v. Thomas, 348 F.3d 78, 82 (5th Cir.2003) (quoting United States v. Booker, 334 F.3d 406, 409 (5th Cir.2003)). “Direct evidence is not required; each element may be inferred from circumstantial evidence.” United States v. Cardenas, 9 F.3d 1139, 1157 (5th Cir.1993). Garcia challenges the sufficiency of the evidence to establish that she had the requisite knowledge. “Knowledge of the conspiracy may be inferred from a collection of circumstances.” Id. at 1157 (quotations omitted).

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

United States v. Garcia-Gracia, 324 F. App'x 286 (5th Cir. 2009).

324 F. App'x 286 (United States v. Garcia-Gracia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

United States v. Valentin Muniz-Saavedra
694 F. App'x 216 (Fifth Circuit, 2017)
United States v. Alexander Gil-Cruz
808 F.3d 274 (Fifth Circuit, 2015)
United States v. Ruben Ibarra
499 F. App'x 355 (Fifth Circuit, 2012)
United States v. Leyva
442 F. App'x 376 (Tenth Circuit, 2011)
United States v. Aguilar
645 F.3d 319 (Fifth Circuit, 2011)