United States v. Juan Chavez-Ibarra

494 F. App'x 416
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 2, 2012
Docket09-50989
StatusUnpublished

This text of 494 F. App'x 416 (United States v. Juan Chavez-Ibarra) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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 Chavez-Ibarra, 494 F. App'x 416 (5th Cir. 2012).

Opinion

PER CURIAM: *

*417 Defendant-Appellant Juan Francisco Chavez-Ibarra was convicted of ten drug-related crimes. On appeal, Chavez-Ibarra contends that there was insufficient evidence to support his conviction for six of the crimes. Chavez-Ibarra also contends that the sentences imposed for two of his convictions were unreasonable. For the reasons stated below, we AFFIRM.

I. FACTUAL AND PROCEDURAL BACKGROUND

Defendant-Appellant Juan Francisco Chavez-Ibarra (“Chavez-Ibarra”) was charged in a multi-count federal indictment with various drug-related crimes. As relevant here, the indictment specifically charged Chavez-Ibarra with: (1) conspiracy to possess with intent to distribute between 100 and 1,000 kilograms of marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 846 (Count One); (2) conspiracy to import into the United States between 100 and 1,000 kilograms of marijuana in violation of 21 U.S.C. §§ 846, 952, and 960 (Count Two); (3) aiding and abetting the possession of less than 50 kilograms of marijuana with intent to distribute, on or about March 1 and April 2, 2006, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2 (Counts Three and Five); and (4) aiding and abetting the importation into the United States of less than 50 kilograms of marijuana, on or about March 1 and April 2, 2006, in violation of 21 U.S.C. §§ 952 and 960 and 18 U.S.C. § 2 (Counts Four and Six). 1

The evidence at trial showed that Chavez-Ibarra had recruited three individuals — Paul Gassett (“Gassett”), Teddy Nev-ins, and Teddy’s wife Jacki Nevins (the “Nevinses”) — to transport marijuana from Mexico to the United States. Between them, Gassett and the Nevinses made at least four trips to and from Mexico under Chavez-Ibarra’s direction. The first two of these trips, occurring on or about March 1 and April 2, 2006, resulted in successful border crossings by Gassett. During the third trip, which took place on or about April 16, 2006, Gassett was arrested after U.S. Customs and Border Protection inspectors seized thirty kilograms of marijuana from a hidden compartment in the vehicle he was driving. Weeks later, on or about May 18, 2006, the Nevinses were similarly arrested after inspectors discovered thirty-five kilograms of marijuana hidden in their vehicle.

A jury found Chavez-Ibarra guilty of all ten counts charged in the indictment and the district court sentenced him to 121 months of imprisonment — the high end of the applicable guidelines range — on each of Counts One and Two, and 60 months of imprisonment on each of Counts Three through Ten. The court ordered all sentences to be served concurrently. Chavez-Ibarra timely appeals, contending that the evidence was insufficient to support his conviction for the crimes charged in Counts One through Six, and that the sentences imposed by the district court for Counts One and Two were unreasonable. 2

*418 II. DISCUSSION

A. The Sufficiency of the Evidence Supporting the Convictions for Counts One through Six

1. Standard of Review

Chavez-Ibarra properly preserved his challenge to the sufficiency of the evidence by moving for a judgment of acquittal under Federal Rule of Criminal Procedure 29. “This court reviews preserved challenges to the sufficiency of the evidence de novo.” United States v. Grant, 683 F.3d 639, 642 (5th Cir.2012). “When reviewing the sufficiency of the evidence, we view all evidence, whether circumstantial or direct, in the light most favorable to the government, with all reasonable inferences and credibility choices to be made in support of the jury’s verdict.” United States v. Ford, 558 F.3d 371, 375 (5th Cir.2009). On review, the question is whether “a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Seale, 600 F.3d 473, 496 (5th Cir.2010). “A jury is free to choose among reasonable constructions of the evidence.” United States v. Pigrum, 922 F.2d 249, 254 (5th Cir.1991). Accordingly, our review is “highly deferential to the verdict.” United States v. Harris, 293 F.3d 863, 869 (5th Cir.2002).

2. The Evidence Was Sufficient to Support Chavez-Ibarra’s Convictions

As noted, the indictment charged Chavez-Ibarra in Counts Three and Five with aiding and abetting the possession of less than fifty kilograms of marijuana with intent to distribute. “To convict a defendant for possession of marijuana with intent to distribute, the Government must prove that the defendant (1) knowingly; (2) possessed marijuana; (3) with the intent to distribute.” United States v. Garcia, 242 F.3d 593, 596 (5th Cir.2001). In Counts Four and Six, Chavez-Ibarra was charged with aiding and abetting the importation of less than fifty kilograms of marijuana into the United States. To convict a defendant of this charge, the Government must establish: “(1) the defendant played a role in bringing a quantity of a controlled substance into the United States from outside of the country; (2) the defendant knew the substance was controlled; and (3) the defendant knew the substance would enter the United States.” United States v. Moreno, 185 F.3d 465, 471 (5th Cir.1999). 3 Significantly, then, the quantity of marijuana involved in the crimes charged in Counts Three through Six is not an element of the underlying offenses. See 21 U.S.C. § 841(b)(1)(D); United States v.

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185 F.3d 465 (Fifth Circuit, 1999)
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Bluebook (online)
494 F. App'x 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-juan-chavez-ibarra-ca5-2012.