United States v. Guzman

7 F. App'x 45
Court of Appeals for the Second Circuit·Decided March 23, 2001·No. Nos. 99-1262(L), 99-1302, 99-1322, 99-1324(XAP), 99-1398·Published·Cited by 7 cases

Opinion

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of said district court be and it hereby is AFFIRMED.

Defendants-appellants Miguel Guzman, Edwin Rivera, and Gregory Ayala appeal from their May 24, June 9, and July 16, 1999 judgments of conviction following a jury verdict in the Southern District of New York.

The evidence at trial showed that Guzman was the head of a Bronx gang called Power Rules that sold crack and heroin, and committed, or attempted to commit, numerous murders. Edwin Rivera was Guzman’s right-hand man, and managed one of Power Rules’ crack spots. Gregory Ayala was initially a member of Power Rules, and was in charge of one of Power Rules’ crack and heroin spots. In late 1995, Ayala began to deal directly with Guzman’s heroin supplier, Viejo, and stopped sharing the proceeds with Guzman. A gang war consequently broke out between Power Rules and Ayala’s crew, known as the Avenue St. John Boys. During the war Power Rules members made repeated attempts on Ayala’s life, and the Avenue St. John Boys responded in kind.

After a three-month trial in the Southern District of New York, Guzman was convicted of RICO and racketeering conspiracy, based on numerous racketeering acts including murder and attempted murder, narcotics conspiracy and extortion conspiracy, as well as various counts under 18 U.S.C. § 1959 and 18 U.S.C. § 924(c). Rivera was convicted of RICO and racketeering conspiracy, as well as various counts under section 1959 and section 924(c). Ayala was convicted of RICO and racketeering conspiracy, and conspiracies to distribute heroin and crack. The district court sentenced Guzman in principal part to life imprisonment plus 145 years, Rivera to 300 months plus 65 years, and Ayala to 151 months’ imprisonment. These appeals followed.

On appeal, Guzman argues that (1) the district court erred in discharging one of the jurors for cause; (2) post-arrest statements of Rivera and Ayala were improperly redacted and admitted; (3) the murder of Alberto Garcia was not related to the [50]*50enterprise; (4) he was denied his confrontation rights by the assertion of the privilege against self-incrimination by a cooperating witness, Italiano Andino, in response to certain questions on cross-examination; and (5) the district court abused its discretion by rejecting his pro se post-trial motion.

Rivera argues that (1) the evidence was insufficient to sustain his convictions regarding (a) the attempted murder of Teddy Melendez and (b) the plan to murder Viejo; (2) he was denied his confrontation rights by Andino’s assertion of his privilege against self-incrimination; (3) the jury instruction on Andino’s assertion of privilege was erroneous; (4) the evidence was insufficient to sustain his conviction for the assault on Andino under (a) 18 U.S.C. § 1959, and (b) 18 U.S.C. § 924(c); (5) his convictions on separate counts relating to the conspiracy to murder Ayala and the conspiracy to murder other Avenue St. John Boys violated double jeopardy; (6) his convictions under section 924(c) are invalid because (a) a conspiracy to commit a crime of violence is not a legally sufficient predicate for section 924(c) liability, arid (b) the jury instruction relating to the attempt to murder Viejo was erroneous; (7) the racketeering statutes are unconstitutionally vague; and (8) there was insufficient proof of a nexus between the activities of-the enterprise and interstate commerce.

Ayala argues that (1) his trial counsel was ineffective for failing to object to the redaction and admission of his post-arrest statement; (2) he was improperly tried jointly with his co-defendants; (3) the evidence was insufficient to sustain his convictions in that (a) the conspiracy to distribute crack and the conspiracy to distribute heroin were one and the same, (b) there was insufficient proof that he participated in the narcotics conspiracies with members of Power Rules, and (c) he was only associated with Power Rules for a short time; and (4) the district court improperly instructed the jury on the interstate commerce element.

A. Admission of redacted statements. Guzman argues that the admission of redacted post-arrest statements by Ayala and Rivera violated his rights under the Confrontation Clause because the substitution of the words “Power Rules” for his name or nickname altered the meaning of the statements and made them incriminating to him. See Bruton v. United States, 391 U.S. 123, 137, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968). After being arrested, Ayala waived his constitutional rights and told a detective that he had known Guzman for about four or five years, and that Guzman was the leader of Power Rules. Ayala described how he used to sell crack, and that he would pick up 50 bundles four times a week “from Viejo of heroin for Mips [Miguel Guzman].” To avoid a violation of Guzman’s Bruton rights, the district court had the statement redacted to read “from Viejo of heroin for Power Rules.” Rivera’s original statement had included the phrase “Guzman ordered Black Greggo [Ferguson] and Lebrón to go to Avenue St. John’s and shoot Greggo [Ayala] and his gang.” The version admitted at trial stated that “several armed members of the gang were told by a Power Rules member to go to Avenue St. John’s and shoot another guy and his gang.” Guzman argues that these substitutions were damaging because they helped establish the fact that there was an enterprise called Power Rules, and made his name synonymous with the enterprise.

This court has held that “the appropriate analysis to be used when applying the Bruton rule requires that we view the redacted confession in isolation from the other evidence introduced at trial.” Unit[51]*51ed States v. Williams, 936 F.2d 698, 700 (2d Cir.1991). Under this rule, it is clear that neither statement incriminated Guzman personally, since “Power Rules” and “a Power Rules member” could refer to any one of a large number of people. Therefore the fact that the statements tended to establish the existence of the enterprise did not violate Guzman’s Bruton rights. In addition, the jury was specifically instructed that the statements of Ayala and Rivera were only to be considered against each of them and not to be considered against any other defendant. Finally, even if the substitution of “Power Rules” for Guzman’s name was error, it was harmless in view of the overwhelming evidence at trial establishing the existence of the enterprise, Guzman’s leadership of it, and his involvement in drug trafficking and violence.

On the same subject, Ayala claims that his trial counsel was ineffective because he failed to object to the redaction of his post-arrest statement and did not move to have the statement suppressed. Ayala complains of the substitution of “Power Rules” for Guzman’s name and the court’s failure to admit his statement in its entirety, as it omitted certain portions of the statement relating to Ayala’s participation in several shooting incidents.

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

United States v. Guzman, 7 F. App'x 45 (2d Cir. 2001).

7 F. App'x 45 (United States v. Guzman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

United States v. Norwood
50 F. Supp. 3d 810 (E.D. Michigan, 2014)
United States v. Hohn
293 F. App'x 395 (Sixth Circuit, 2008)
United States v. Carlisle
287 F. App'x 516 (Sixth Circuit, 2008)
United States v. Reyes
384 F. Supp. 2d 926 (E.D. Virginia, 2005)
Guzman v. United States
277 F. Supp. 2d 255 (S.D. New York, 2003)
Rivera v. United States
534 U.S. 866 (Supreme Court, 2001)