United States v. Landry

465 F. App'x 746
CourtCourt of Appeals for the Tenth Circuit
DecidedAugust 30, 2011
Docket10-8077
StatusUnpublished
Cited by1 cases

This text of 465 F. App'x 746 (United States v. Landry) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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. Landry, 465 F. App'x 746 (10th Cir. 2011).

Opinion

ORDER AND JUDGMENT *

WILLIAM J. HOLLOWAY, JR., Circuit Judge.

Defendant-Appellant Robert Landry was a street-level methamphetamine dealer in Western Wyoming. In a joint jury trial with co-defendant Cesar Acosta-Gal-lardo, Landry was convicted on one count of conspiracy to possess with intent to distribute, and to distribute, more than 50 grams of methamphetamine (actual). 1

Landry appeals his conviction, arguing that his being tried jointly with Acosta-Gallardo prejudiced his substantial rights because the government failed to show that they were a part of the single conspiracy charged in the indictment. Landry also appeals his sentence, arguing that the district court committed plain error by including the methamphetamine he acquired for personal use in the quantity calculation for his sentence. Lastly, Landry argues that the district court abused its discretion by failing to sever his trial from Acosta-Gallardo’s trial. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm Landry’s conviction and sentence.

I. Facts

The evidence against Landry was introduced primarily through the testimony of his co-defendants. Additional related facts are detailed in our disposition of Acosta-Gallardo’s appeal, No. 10-8075, United States v. Acosta-Gallardo. 2

*749 Testimony of Alvaro Alvarado-Sanabria

Alvaro Alvarado-Sanabria (“Alvarado”) was Landry’s primary supplier of methamphetamine from the summer of 2007 until approximately July of 2009. R., Vol. 3 at 346, 358.

Alvarado obtained methamphetamine from three sources: co-defendant Acosta-Gallardo, co-defendant Juvenal Garcia, and another man referred to as “Police.” Id. at 153-54. In late 2006 or early 2007 when Alvarado began selling methamphetamine, codefendant Brahnson Arnell (“Arnell”) was his only customer. Id. at 148-50. Arnell, in turn, had his own methamphetamine customers. Id. at 333. Arnell later introduced Alvarado to some of his (Ar-nell’s) customers. Id. at 333. Alvarado suspected that Arnell’s customers were unhappy with Arnell for being lazy and for “cutting” or “shorting” the drugs, 3 and that Arnell sought to excise himself from their dealings. Id. at 333-34. These customers included Matt Owens, Spencer Martin, Charles Thunehorst, Charles Jera-bek, Robert Houston, Sherri Obert, and Jason Freeman. Id. at 341. Importantly, Landry was also introduced to Alvarado by Arnell. Id. at 340-41.

Landry’s first meeting with Alvarado occurred on Arnell’s property in Wyoming. Id. at 345-46. Alvarado testified that the purpose of this meeting was to sell drugs. Id. at 346. Between 2007 and 2009, Alvarado sold half-ounce to one-ounce quantities of methamphetamine to Landry, except for on one occasion when Alvarado sold Landry four ounces of methamphetamine. Id. at 347. The sales varied in frequency from once a week to once every two weeks. Id. In total, Alvarado estimated that he sold two to four pounds of methamphetamine to Landry. Id. at 359.

About a year after Alvarado began selling methamphetamine to Landry, he allowed Landry to obtain methamphetamine on credit. Id. at 348. He would provide methamphetamine to Landry and Landry would subsequently pay him for it, after he collected the money. Id. Sometimes, Landry was able to pay Alvarado back as agreed, but sometimes Landry would disappear for months without paying Alvarado back. Id. at 348-49. Accordingly, during the two years when Alvarado and Landry transacted in methamphetamine, there were two lapses of time, one of three months and one of six months, when Alvarado did not sell methamphetamine to Landry. Id. at 356.

From 2007 to 2008, Alvarado lived in Park City, Utah. Id. at 165. In 2009, Alvarado moved to Salt Lake City, Utah. Id. Alvarado testified that he would meet with Landry at predetermined locations in Utah and in Wyoming to exchange methamphetamine and money. Id. at 412-13. The locations were assigned code numbers and Alvarado would send a text message to Landry to communicate the meeting location. Id. at 413.

Testimony of Brahnson Arnell

Arnell testified that when he first began obtaining methamphetamine from Alvarado, his customers included Landry, Jason Freeman, Charles Thunehorst, and Charles Jerabek. R., Vol. 3, Tr. 4 at 683- *750 84. After he introduced Alvarado to his customers, Arnell testified that there were “frequent meetings down there at my property” where Landry, Alvarado, Matt Owens, and Jason Freeman would meet. Id. at 688-90.

After he introduced Landry to Alvarado, Arnell testified that he “left it up to Alvarado if he wanted to deal with [Landry] or not.” Id. at 688. Arnell also testified as follows:

[A]fter introducing [Landry and Alvarado], Alvarado would call me ‘cause he couldn’t get in touch with [Landry] a few times, and he’d call me up and say, hey, what’s the deal with [Landry]. I’d say, ah, that was your deal, you know, I don’t have anything to do it with [sic]. But since I introduced him, he kind of, kind of held me responsible.

Id. at 690. Arnell once took Alvarado to Landry’s residence to show Alvarado where Landry lived. Id. at 692. Arnell testified that the trip’s purpose was for Alvarado to address an outstanding debt that Landry owed him (Alvarado). Id.

Arnell testified that Landry once obtained one ounce of methamphetamine from Alvarado and put it on Arnell’s “tab.” Arnell then had to pay Alvarado for the amount owing. Id. at 684, 691. For a time, Arnell acquired drugs from Landry because Alvarado would not sell methamphetamine to Arnell. Id. at 694-95.

Arnell testified that he twice witnessed Matt Owens obtaining methamphetamine from Landry. Id. at 698-99. He once witnessed Jason Freeman obtaining methamphetamine from Landry. Id. at 695. He once observed Bob Simmons obtaining methamphetamine from Landry. Id. He observed Tom Burkett, George Burkett, Wade Sheer, and Wade Sheer’s daughter each obtaining methamphetamine from Landry on two or three occasions. Id. at 695-99. Arnell testified that George and Tom Burkett usually cleaned around Landry’s property or fixed up vehicles in exchange for methamphetamine. Id. at 697. According to Arnell, “Tom Burkett was Bobby’s muscle.” Id. at 696.

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

Related

United States v. Wilson
545 F. App'x 714 (Tenth Circuit, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
465 F. App'x 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-landry-ca10-2011.