United States v. Juan Jose Pujana-Mena

949 F.2d 24, 1991 U.S. App. LEXIS 26133, 1991 WL 215920
CourtCourt of Appeals for the Second Circuit
DecidedOctober 25, 1991
Docket669, Docket 90-1464
StatusPublished
Cited by36 cases

This text of 949 F.2d 24 (United States v. Juan Jose Pujana-Mena) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second 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 Jose Pujana-Mena, 949 F.2d 24, 1991 U.S. App. LEXIS 26133, 1991 WL 215920 (2d Cir. 1991).

Opinion

PIERCE, Senior Circuit Judge:

Juan José Pujana-Mena appeals from a judgment of the United States District Court for the Eastern District of New York, Korman, Judge, convicting him after a jury trial of conspiracy and substantive narcotics offenses. Pujana-Mena seeks reversal of his conviction contending that the district court erred in refusing to instruct the jury that character evidence alone may be sufficient to create a reasonable doubt. He also claims that the court erred in permitting a government agent to vouch for the credibility of a government informant. After considering each of these arguments, we affirm the judgment of conviction.

BACKGROUND

Pujana-Mena, a resident of Bogotá, Colombia, was arrested in New York City on September 12, 1989, following an investigation by the Drug Enforcement Administration (“DEA”) into large-scale narcotics smuggling. A seven-count superseding indictment was filed on December 15, 1989, charging Pujana-Mena with engaging in a continuing criminal enterprise in violation of 21 U.S.C. § 848(a); conspiring to import more than 1000 kilograms of marijuana into the United States in violation of 21 U.S.C. §§ 963 and 960(b)(1)(G); importing more than 1000 kilograms of marijuana in violation of 21 U.S.C. § 952(a); possession of more than 1000 kilograms of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1); and engaging in a monetary transaction involving more than $10,-000 in drug proceeds in violation of 18 U.S.C. § 1957. 1

The evidence at trial established that in 1988 and 1989 several large loads of marijuana and cocaine were smuggled by ship into the United States, concealed within containers of seemingly legitimate exports from Ecuador, Guatemala, and Colombia. The drugs were seized at ports in Louisiana, New Jersey, and New York, after being discovered during customs inspections. Pujana-Mena did not dispute that these quantities of drugs entered the country, but he claimed that he was not responsible for the illegal shipments.

The government sought to prove that Pujana-Mena had arranged the shipments as the leader of an extensive narcotics-importation network, principally through the testimony of two witnesses, Hernando Aponte, a paid confidential DEA informant, and Carlos Sanin-Delgadillo, a former narcotics trafficker who agreed to cooperate with the government after his arrest in April 1988. Aponte and Sanin-Delgadillo gave detailed testimony linking Pujana-Mena with four drug shipments from August 1988 to September 1989. The government also presented physical evidence, including tape-recorded conversations between Pujana-Mena and Aponte and printouts of specially-encrypted computer messages that the govérnment asserts were sent by Pujana-Mena to Aponte.

The defense presented three character witnesses from Pujana-Mena’s home in Bo-gotá, Colombia, who testified as to his reputation in his community as an honest and law-abiding person. In addition, the defense introduced several documentary exhibits. These included two reports prepared by DEA agents during the investigation, one of which set forth statements made by Sanin-Delgadillo made immediately after his arrest, at which time he denied any knowledge of the drugs that had been seized. Pujana-Mena also introduced a customs declaration form dated February 25, 1988, in which he declared that he was bringing $40,000 into the United States — an act purportedly contrary to the usual practice of drug dealers of smuggling cash out of the country. Also, Pujana-Mena introduced a certificate of incorporation for a Colombian company called Delta Chemi *27 cals, of which Pujana-Mena was a partner, apparently offered to show that he was engaged in legitimate business activities.

The jury convicted Pujana-Mena on the conspiracy and substantive drug counts and acquitted him on the continuing criminal enterprise and money-laundering charges. The district judge sentenced Pu-jana-Mena to concurrent prison terms of 200 months on each count, to be followed by five years of supervised release. The court also imposed a fine of $242,260 to cover the costs of his incarceration, and a special assessment of $50 on each count. This appeal followed.

DISCUSSION

I. “Standing Alone Character Evidence Instruction

During a pre-charge conference that took place on the morning summations were to begin, the following colloquy occurred when defense counsel asked the district court to supplement its proposed charge on character evidence and instruct the jury “that character evidence alone may raise a reasonable doubt”:

The Court: I’m not charging that. I think it’s wrong.
[Defense Counsel]: Exception to that.

Explaining his refusal to give the requested charge, the district judge further stated:

I could be wrong, I think there is a good argument that you shouldn’t even allow character evidence and yesterday afternoon’s performance was Exhibit A[. T]o say that could create a reasonable doubt because there is some language in an old Supreme Court opinion that wasn’t talking about a charge is really more than I can swallow and isn’t an indication from a higher authority that it’s required.

The character evidence charge ultimately given to the jury was:

You have heard testimony that the defendant has a good reputation for honesty in the community where he lives and works and for truthfulness. Along with all the other evidence you have heard, you may take into consideration what you believe about the defendant’s honesty and truthfulness when you decide whether the government has proven, beyond a reasonable doubt, that the defendant committed the crime.

Pujana-Mena claims that Judge Kor-man’s refusal to instruct the jury that evidence of good character alone may be sufficient to create a reasonable doubt was reversible error. For the reasons that follow, we disagree.

We review jury instructions de novo. “In order to succeed when challenging jury instructions appellant has the burden of showing that the requested charge ‘accurately represented the law in every respect and that, viewing as a whole the charge actually given, he was prejudiced.’ ” United States v. Dove, 916 F.2d 41, 45 (2d Cir.1990) (quoting United States v. Ouimette, 798 F.2d 47, 49 (2d Cir.1986), cert. denied, 488 U.S. 863, 109 S.Ct. 163, 102 L.Ed.2d 134 (1988)).

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Bluebook (online)
949 F.2d 24, 1991 U.S. App. LEXIS 26133, 1991 WL 215920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-juan-jose-pujana-mena-ca2-1991.