United States v. Juan Castelan-Benitez

376 F. App'x 934
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 28, 2010
Docket09-14904
StatusUnpublished

This text of 376 F. App'x 934 (United States v. Juan Castelan-Benitez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Juan Castelan-Benitez, 376 F. App'x 934 (11th Cir. 2010).

Opinion

PER CURIAM:

Juan Castelan-Benitez appeals his conviction for conspiracy to possess cocaine with the intent to distribute, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2. On appeal, Castelan-Benitez argues that: (1) the district court erred in denying his motion to suppress cocaine obtained during a traffic stop because no reasonable suspicion existed for the officer to extend the stop; (2) the evidence was insufficient to convict him of conspiracy to possess cocaine with the intent to distribute; and (3) the district court abused its discretion in refusing to admit evidence of the prior convictions and the guilty plea of cocon-spirator Mario Lopez.

I.

The district court denied Castelan-Beni-tez’s motion to suppress the cocaine because it found that the officer had a reasonable suspicion to extend the stop even after he issued Castelan-Benitez a warning. The district court concluded that Castelan-Benitez and Lopez’s extreme nervousness and a suspiciously placed air freshener, both of which the officer had *936 been trained to notice, provided the officer with the requisite suspicion to continue the investigation. It was this continued investigation that ultimately led to the discovery of the hidden cocaine.

In reviewing a district court’s ruling on a motion to suppress, we review the court’s factual findings for clear error and the application of the law to those facts de novo. United States v. Newsome, 475 F.3d 1221, 1223 (11th Cir.2007). We construe the facts in the light most favorable to the prevailing party, in this case, the Government. See id. at 1223-24.

Traffic stops are seizures within the meaning of the Fourth Amendment, and, ordinarily, they may last no longer than necessary to process the traffic violation. United States v. Purcell, 236 F.3d 1274, 1277 (11th Cir.2001). An exception to this rule applies, however, when the officer has an articulable suspicion of other illegal activity. Id. In such a case, the officer may extend the traffic stop.

Here, as Castelan-Benitez acknowledges, Deputy Clark Bolton stopped the car after determining that it was following another vehicle too closely. Thus, the initial stop was for a routine traffic violation. But, as the record shows, Bolton was legally permitted to continue to investigate, even after he wrote Castelan-Benitez a warning, because he had a “particularized and objective basis for suspecting legal wrongdoing.” See United States v. Arvizu, 534 U.S. 266, 273, 122 S.Ct. 744, 750, 151 L.Ed.2d 740 (2002) (quotations omitted).

As Bolton approached the car, he noticed an air freshener located in the rear cargo area (an unusual place for an air freshener) and he “smelled the strong odor of the air fresheners in the vehicle.” He noticed that Castelan-Benitez and Lopez were both breathing rapidly and that they were extraordinarily nervous. These cues aroused suspicion in Bolton, who testified that during his narcotics training he learned to be particularly aware of the placement of air fresheners, driver and passenger nervousness, potential concealment in the natural voids of vehicles, and travel explanations that seem nonsensical. Thus, given his training, Bolton reasonably suspected that Castelan-Benitez and Lopez may have been involved in criminal activity and, as such, Bolton permissibly extended the traffic stop. See Arvizu, 534 U.S. at 273, 122 S.Ct. 744.

Continuing his investigation, Bolton questioned Lopez regarding the purpose of the trip, and, when he received a suspicious answer, Bolton requested permission to search the car. Castelan-Benitez then voluntarily consented to the search. 1 As a result, the remainder of the investigation, including the use of a search dog to locate the drugs, was constitutionally permissible. See United States v. Garcia, 890 F.2d 355, 360 (11th Cir.1989) (holding that a search pursuant to voluntary consent does not violate the Fourth Amendment’s prohibition on warrantless searches). Accordingly, because there was no constitutional violation, the district court properly denied Castelan-Benitez’s motion to suppress the evidence obtained from the search. See id.

II.

Castelan-Benitez next argues that the Government’s evidence was insufficient to convict him of conspiracy to possess cocaine with the intent to distribute. He admits that he was the owner and driver of the vehicle in which the cocaine was found, but argues that he had no knowledge of the cocaine’s presence. We review de novo this challenge to the sufficiency of the *937 evidence, both viewing the evidence and making all reasonable inferences and credibility choices in the Government’s favor. See United States v. Wright, 392 F.3d 1269, 1273 (11th Cir.2004).

To sustain a conviction for conspiracy to possess with intent to distribute, the Government must prove beyond a reasonable doubt that: “(1) an illegal agreement existed; (2) the defendant knew of it; and (3) the defendant, with knowledge, voluntarily joined it.” United States v. McDowell, 250 F.3d 1354, 1365 (11th Cir.2001). Commonly, the government does not prove a defendant’s participation in a criminal conspiracy by direct evidence, but rather presents circumstantial evidence from which “a common purpose and plan may be inferred.” Id. (quotations omitted).

Here, the Government’s evidence revealed that Castelan-Benitez was driving and owned the vehicle in which the cocaine was found, thus placing him at the scene of the crime. See United States v. Lyons, 53 F.3d 1198, 1201 (11th Cir.1995) (“Presence [at the scene of the crime] ... raises a permissible inference of participation in the conspiracy.”). Both Castelan-Benitez and Lopez’s behavior indicated that both men knew the drugs were hidden in the car — the men were breathing rapidly, Castelan-Benitez’s hands were shaking, and he failed to make eye-contact with Deputy Bolton. Additionally, Lopez’s bogus explanation of the trip’s purpose, the hiding and disguising of the drugs, and the presence of excessive air fresheners all further indicate that the two men were engaged in a common criminal plan or scheme to transport cocaine, and had gone to significant lengths to cover their activities.

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

Related

United States v. Sepulveda
115 F.3d 882 (Eleventh Circuit, 1997)
United States v. Miguel Perez
443 F.3d 772 (Eleventh Circuit, 2006)
United States v. Kenneth Newsome
475 F.3d 1221 (Eleventh Circuit, 2007)
United States v. Arvizu
534 U.S. 266 (Supreme Court, 2002)
United States v. Robert Cohen and Samuel Cohen
888 F.2d 770 (Eleventh Circuit, 1989)
United States v. Juan Jose Garcia
890 F.2d 355 (Eleventh Circuit, 1989)
United States v. Albert Lee Purcell, Shon Purcell
236 F.3d 1274 (Eleventh Circuit, 2001)
United States v. Jesse Wright, Jr., A.K.A. Jessie Wright
392 F.3d 1269 (Eleventh Circuit, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
376 F. App'x 934, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-juan-castelan-benitez-ca11-2010.