United States v. Joel Castillo

713 F.3d 407, 2013 WL 1748541, 2013 U.S. App. LEXIS 8291
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 24, 2013
Docket12-2898
StatusPublished
Cited by10 cases

This text of 713 F.3d 407 (United States v. Joel Castillo) 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. Joel Castillo, 713 F.3d 407, 2013 WL 1748541, 2013 U.S. App. LEXIS 8291 (8th Cir. 2013).

Opinion

MURPHY, Circuit Judge.

Joel Castillo was convicted of possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841. The district court 1 denied Castillo’s motion for judgment of acquittal and his request for an offense level reduction based on mitigating role before sentencing him to 235 months, and Castillo appeals. We affirm.

Castillo was a professional truck driver who regularly drove produce from California to Maryland. In November 2011 he was stopped by Deputy Derrick Nietert while driving east on interstate 40 near Ozark, Arkansas. Deputy Nietert had observed Castillo swerving across lanes and noticed that his truck was missing a mudflap and had a broken tail light. After approaching the truck, Nietert told Castillo why he had stopped him and asked him about his destination and what he was carrying. Castillo appeared nervous, and he touched his face and shifted around while producing his license, logbook, and shipping manifest. When asked if he consented to a search of his truck, he replied affirmatively.

Officer Joey Griffith of the Ozark Police Department was in the vicinity and heard about the stop on his radio so he went to the scene to back up Deputy Nietert. While searching the truck’s cabin, Griffith found a brown cardboard box wrapped in cellophane in the sleeper area. Deputy Nietert noticed that the box smelled faintly of mustard. He knew drug traffickers *410 often used masking agents to conceal the smell of drugs from police dogs so he removed the box from the truck, took it over to Castillo, and opened it. Inside were four bundles wrapped in cellophane and caked in yellow mustard. Believing the bundles to contain methamphetamine, the officers called for further assistance. Griffith noticed Castillo drop his head in silence as the box was opened. At that time Castillo did not offer any explanation about the contents of the box. -

Castillo was arrested and subsequently charged with one count of possession with intent to distribute more than 500 grams of methamphetamine, in violation of 21 U.S.C. § 841. At trial both Deputy Nie-tert and Officer Griffith testified about the stop and the search of Castillo’s truck. A laboratory report was entered into evidence which indicated that the bundles removed from Castillo’s truck contained 9.8 pounds of 91% to 99% pure methamphetamine chloride. A government witness testified that that amount of methamphetamine would be worth approximately $200,000 in raw form and over $1 million when separated into street level distribution quantities. The witness also testified about the typical behavior of drug traffickers and the role of a courier in a drug trafficking organization. At the close of the government’s case, Castillo moved for judgment of acquittal, arguing that the government had not presented sufficient evidence to prove that he had known that he was transporting a controlled substance. The district court denied the motion.

Castillo took the stand in his own defense and testified that the methamphetamine found in the truck had been given him by a friend known as “El Cowboy.” According to Castillo, El Cowboy had asked him to deliver a box of medicine to a friend in Maryland who would buy him “a couple of tacos” to thank him for the delivery. Castillo explained that he had agreed to deliver the package because it had seemed rude to refuse. He also testified that he had never noticed a smell coming from the box even though he had lifted it on and off the bed in the sleeper area of his truck.

In rebuttal the government called an expert witness who testified that a drug courier would have to be highly trusted to carry a substance as valuable as pure methamphetamine. The expert also testified that couriers ordinarily know the exact type and amount of drugs they are carrying because “[ojnce you pick up drugs from a drug-smuggling operation, you are responsible then for successfully delivering that to the other end.... If there are packages missing, there could be big issues with that, [and] you would be responsible for anything that’s missing.” Castillo again moved for a judgment of acquittal at the close of all the evidence. The district court denied the motion, and the jury found Castillo guilty.

The presentence investigation report (PSR) recommended a base offense level of 38 and criminal history category II for Castillo. That resulted in a guideline range of 262 to 327 months. Castillo objected, arguing that the PSR should have recommended a sentence reduction for a mitigating role under U.S.S.G. § 3B1.2 because of his limited role in the drug trafficking operation. The district court overruled Castillo’s objection, concluding he had not shown his role in the offense to be minimal. The court concluded, however, that Castillo’s criminal history score overstated the seriousness of his sole prior offense and varied downward to criminal history category I. The resulting guideline range was 235 to 293 months, and the court sentenced Castillo to 235 months. Castillo appeals, arguing that the district *411 court erred by denying his motions for judgment of acquittal and mitigating role, failing to consider all the relevant sentencing factors, and imposing a substantively unreasonable sentence.

We review de novo the denial of a motion for judgment of acquittal and will affirm if any rational jury could have found that the evidence established the essential elements of the charged crime beyond a reasonable doubt. United States v. Aponte, 619 F.3d 799, 804 (8th Cir.2010) (citation and internal quotation marks omitted). We view the evidence “in the light most favorable to the government, drawing all reasonable inferences and resolving all evidentiary conflicts in favor of the jury’s verdict.” Id.

To prove that a defendant is guilty of possession with intent to distribute methamphetamine, the government must establish that he possessed the drug knowingly or intentionally. 21 U.S.C. § 841(a)(1). A defendant’s dominion over a vehicle is sufficient to allow a rational jury to infer his knowledge of drugs concealed inside of it even if he denies knowing anything about them. See Aponte, 619 F.3d at 804. A jury also may infer knowledge from a defendant’s “lack of surprise when drugs are discovered,” from “an obvious odor of drugs or an agent typically used to mask the odor of drugs,” or from “common indicia of [a] guilty conscience! ]” such as nervousness or an implausible cover story. Id. at 805-06 & n. 4.

Viewing the evidence in the light most favorable to the jury’s verdict, we conclude that the government presented sufficient evidence for a rational jury to find that Castillo possessed the methamphetamine knowingly or intentionally. All of the Aponte factors are present in this case.

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Bluebook (online)
713 F.3d 407, 2013 WL 1748541, 2013 U.S. App. LEXIS 8291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-joel-castillo-ca8-2013.