United States v. González-Vélez

466 F.3d 27, 2006 U.S. App. LEXIS 25531
CourtCourt of Appeals for the First Circuit
DecidedOctober 13, 2006
DocketNos. 05-1184, 05-1758
StatusPublished
Cited by42 cases

This text of 466 F.3d 27 (United States v. González-Vélez) 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. González-Vélez, 466 F.3d 27, 2006 U.S. App. LEXIS 25531 (1st Cir. 2006).

Opinion

TORRUELLA, Circuit Judge.

On July 12, 2004, a jury convicted Rafael A. González-Vélez (“González”) and José A. Ramos-Romero (“Ramos”) of one count of conspiracy to distribute a controlled substance in violation of 21 U.S.C. § 846. In addition, Ramos was convicted of distribution of a controlled substance in violation of 21 U.S.C. § 841(a)(2). Ramos and González now appeal their convictions and their sentences.

I. Background

Between 2000 and 2002, a drug point known as “Las Malvinas” was operated in the Luis Lloréns Torres housing project in Puerto Rico. José Luis Rivera González (“Rivera”) headed the drug point until his death in 2002. Between the summer of 2001 and October 2002, the FBI and the Police of Puerto Rico conducted an investigation of the drug point. This investigation culminated in a grand jury indictment on February 13, 2003 against nine persons including González and Ramos. The indictment charged González and Ramos with conspiracy to distribute controlled substances including cocaine, crack cocaine, heroin and marijuana in violation of 21 U.S.C. § 846. The indictment also charged Ramos with distribution of a controlled substance in violation of 21 U.S.C. § 841(a)(2). Five of the seven other defendants charged in the indictment pleaded guilty; two others were tried separately. González and Ramos proceeded to trial on June 30, 2004.

A. Jury Selection

Fifty-six jurors were summoned and appeared for trial. During voir dire, Gonzá[32]*32lez requested and the district court agreed to ask potential jurors whether they lived or had lived in a public housing project. No juror answered affirmatively. After voir dire concluded and the jury was announced, Ramos objected to the composition of the jury, arguing that it had “probably no poor class or anybody relating to the public housing residence” and that public housing residents formed a distinct class.1 González concurred in Ramos’ objection. The court overruled the defendants’ objection to jury composition.

B. The Trial

At trial, the Government presented testimony from FBI Agent William Ortiz regarding his surveillance of the Malvinas drug point. The Government also presented four hours and thirty-five minutes of videotapes from a surveillance camera placed near the drug point that showed numerous drug transactions. Police of Puerto Rico Officer Felipe Casiano Caraballo (“Casiano”) testified that he had observed both Ramos and González near the drug point and had “intervened” with Ramos on a number of occasions. On cross-examination, Casiano admitted that he had never observed González committing a crime. Jesús Matías Cruz (“Matías”), a cooperating witness, testified that he had observed drug sales at the drug point and had observed Ramos with two weapons while in the company of Rivera. Matías also testified that he and Ramos “cut” a “baseball-sized” rock of crack for packaging, during which Ramos told him that the rock had been provided by González. Matías further testified that he had overheard Rivera asking González for “pepper,” which was purportedly a code-word for cocaine, and that he later observed González providing Rivera with a large plastic bag with “stones” or “bricks” inside. Matías also made a recording of a conversation between Rivera and González about the packaging, processing, and payment for cocaine. In addition, Angel Obregón Fontánez (“Obregón”), one of the defendants charged in the indictment who pleaded guilty, testified that he had observed González selling between one-eighth and one-half kilogram of cocaine on credit to Rivera.2 Obregón also testified that Ramos was a processor of drugs and a “triggerman” for the enterprise. Lastly, the Government offered physical evidence, including a notebook (the “ledger”) containing records of cocaine transactions involving a person named “Junito,” which was González’s nickname. At the conclusion of the Government’s case, González and Ramos moved for judgments of acquittal under Fed.R.Crim.P. 29(a)3. The court denied the motions.

[33]*33González presented four character witnesses on his behalf, all of whom testified that González was law-abiding and had good character. González and Ramos again moved for judgments of acquittal under Fed.R.Crim.P. 29(a) after the defense case concluded; the motions were denied.

C. The Jury Charge and Verdict Form

At the conclusion of the trial, all parties attended a jury charge conference. At the conference, Ramos objected to the verdict form and requested a bifurcated verdict which would have required the jury to find the specific amount of drugs attributable to each defendant. The court denied the request. The court gave the jury, in part, the following charge:

Count one of the indictment charges that the defendants conspired with one another to distribute controlled substances, that is to say, five kilograms or more of cocaine and a detectable amount of cocaine base, both Schedule II narcotic drug controlled substances.... To find any defendant guilty of conspiracy to distribute controlled [sic] you must be convinced that the government has proven each of the following things beyond a reasonable doubt: First, that the agreement specified in the indictment, and not some other agreement or agreements, existed between at least two people to distribute controlled substances; and Second, that the defendants knowingly and willfully joined in that agreement. ... To find a defendant guilty of the offense charged in the indictment, you do not have to find that the defendant conspired to distribute the specific amount of controlled substances alleged in the indictment. To find a defendant guilty, you need only find that he conspired to distribute some quantity of controlled substances as alleged in count one. If you find that a defendant conspired to distribute some quantity of controlled substance, you will be asked to make a special finding as to the quantity of controlled substance that he conspired to distribute.... Both defendants are named in count one of the indictment. The evidence pertaining to each defendant should be considered separately and individually. The fact that you may find of [sic] the defendants guilty or not guilty, should not control your verdict as to the other defendant.

Neither party objected to the jury charge. The jury was given a verdict form which asked the jury to determine the guilt of each defendant and included a special interrogatory which asked the jury to find if the amount of cocaine involved in the conspiracy was five kilograms or more.4 At the request of the Government, the verdict form was read to the jury.

On July 12, 2004, the jury returned a verdict finding both defendants guilty of the charged offenses and a special verdict finding that the amount of cocaine involved in the conspiracy was five kilograms or more.

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Bluebook (online)
466 F.3d 27, 2006 U.S. App. LEXIS 25531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gonzalez-velez-ca1-2006.