United States v. Gilberto Baldenegro-Valdez

703 F.3d 1117, 2013 WL 163486
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 16, 2013
Docket11-3183, 11-3581
StatusPublished
Cited by13 cases

This text of 703 F.3d 1117 (United States v. Gilberto Baldenegro-Valdez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Gilberto Baldenegro-Valdez, 703 F.3d 1117, 2013 WL 163486 (8th Cir. 2013).

Opinion

BEAM, Circuit Judge.

Gilberto Baldenegro-Valdez and Juan Rodriguez-Guerra (also known as Felipe Camarena) (collectively, “defendants”) appeal their convictions, for conspiracy to distribute methamphetamine, following their joint jury trial. They assert several pretrial and trial errors. We affirm the district court. 1

I. BACKGROUND

In March 2010, Franklin España, a suspect in a different methamphetamine conspiracy investigation than the one at issue here, spoke with FBI agents, offering information about a methamphetamine supplier in Kansas City, Camarena. España began helping the government and in that capacity, set up a controlled buy with Ca-marena. España, who was wearing a wire, 2 and Camarena agreed to meet at a Price Chopper grocery store in Independence, Missouri. When they met, another person accompanied Camarena, later identified as Baldenegro-Valdez. The parties proceeded to a nearby carwash to complete the transaction. The controlled-buy plan was for España to first purchase one ounce, and arrange for the purchase of another pound later the same day. During the one-ounce transaction, Camarena and España spoke out of earshot of Bal-denegro-Valdez, and España understood Camarena to indicate that Baldenegro-Valdez was the source of the methamphetamine.

During the second, one-pound-buy transaction, España, Camarena and Balde-negro-Valdez met in one location (a Har-dee’s restaurant), then traveled to another location (a QuikTrip) in separate vehicles. At that locale, Camarena got into Espana’s vehicle and followed the vehicle (a Taurus) Baldenegro-Valdez was then driving. Es-pana, who was still wearing a wire, signaled to law enforcement by using a predetermined word that he had seen the methamphetamine in Camarena’s possession. Law enforcement soon stopped both vehicles. España got word to law enforcement where the methamphetamine was located in the car, and officers recovered 195.6954 grams of nearly pure methamphetamine from Espana’s car. Officers determined before España left for the controlled buy that there were no drugs in Espana’s car prior to the controlled buy. Camarena was arrested, he invoked his Miranda rights and he did not make a statement to law enforcement officers.

*1121 During the traffic stop of Baldenegro-Valdez’s car, Baldenegro-Valdez produced a Mexican identification card, later determined to be a valid Mexican driver’s license. Baldenegro-Valdez admitted he did not have a United States driver’s license. The officer arrested Baldenegro-Valdez for not having a valid driver’s license and placed him in the patrol car, but did not inform him of the drug investigation so as not to compromise the integrity of the investigation. At trial, on cross-examination, the arresting officer testified that he noticed Baldenegro-Valdez had a cracked windshield before stopping Balde-negro-Valdez’s car, and the officer wrote a ticket for the cracked windshield. During an inventory search of the impounded vehicle, officers found approximately 12 grams of methamphetamine with the same level of purity as the methamphetamine found in Camarena’s possession. Balde-negro-Valdez signed a rights waiver form and agreed to speak to officers. Although he told them different stories about the nature of his being in Kansas City, he eventually admitted that a man in Mexico named “Selvo” directed him to travel from Colorado to Kansas City to meet an individual he called “Plebe” (later determined to be Camarena). Baldenegro-Valdez admitted participating in five or six methamphetamine transactions, including the one-ounce controlled transaction earlier that day involving España. When confronted with the information about the methamphetamine found in the other car, Balde-negro-Valdez implicated himself in this transaction as well, stating that Selvo was the original source and that Baldenegro-Valdez agreed to transport the methamphetamine from Colorado to Kansas City because he was broke.

Baldenegro-Valdez moved to suppress the evidence found in his car and the incriminating statements he made to police, arguing that the officers did not have probable cause to pull over his vehicle, that there was not probable cause to arrest him for having an invalid driver’s license or a cracked windshield, and that officers conducted an improper warrantless search of the car. The district court rejected these arguments and refused to suppress the evidence and statements. Prior to trial, Baldenegro-Valdez also moved in li-mine attempting to exclude the methamphetamine found in his vehicle as well as several statements that he made while under surveillance and statements he made to police officers post-arrest. Baldenegro-Valdez also moved to exclude the English translations of the transcripts from the Spanish audio recordings. The district court refused to keep this evidence from the jury.

At defendants’ joint trial, a primary point of contention between the government and defendants was the impeachment of España. Defendants wished to impeach España regarding the facts surrounding his narcotics convictions, ranges of punishment for the convictions, other uncharged drug activities, and the fact that España had lied to the police before he began cooperating. The district court ruled that cross-examination would be limited to the existence and nature of the convictions, the statutory range of punishment, and the benefit he expected to receive by cooperating and testifying. Also at trial, defendants requested specific jury instructions that were rejected by the district court. Camarena requested that the district court instruct the jury that it could consider Espana’s prior convictions in evaluating Espana’s credibility. Baldenegro-Valdez requested that the district court instruct the jury about the possibility of a second uncharged conspiracy to account for the person referred to as “Plebe,” 3 and a specifically tailored “mere presence” in- *1122 struetion. The district court declined to give the proffered instructions. The jury convicted both defendants of the charged conspiracy.

On appeal, Camarena alleges the district court erred: (1) by limiting his Sixth Amendment right to cross-examine Espa-ña; (2) by failing to give his proffered instruction regarding Espana’s credibility; and because (3) the cumulative effect of these errors rendered his trial fundamentally unfair. Baldenegro-Valdez alleges the district court erred: (1) in denying his motion to suppress; (2) in making various evidentiary rulings, including the rulings on the motions in limine; (3) in refusing to grant a mistrial based upon Espana’s alleged perjury, and based upon the prosecutor’s inadvertent mention of the suppression hearing; (4) in violating his Sixth Amendment rights by limiting Espana’s cross-examination; (5) in refusing to give his proffered jury instructions regarding an alleged second uncharged conspiracy and mere presence; and (6) in improperly limiting his closing argument.

II. Sixth Amendment

Defendants allege that their Sixth Amendment rights were violated when the district court limited the scope of their impeachment of España.

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Cite This Page — Counsel Stack

Bluebook (online)
703 F.3d 1117, 2013 WL 163486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gilberto-baldenegro-valdez-ca8-2013.