United States v. Leon-Reyes

177 F.3d 816, 51 Fed. R. Serv. 1599, 99 Daily Journal DAR 4779, 99 Cal. Daily Op. Serv. 3734, 1999 U.S. App. LEXIS 9680, 1999 WL 314682
Court of Appeals for the Ninth Circuit·Decided May 20, 1999·No. Nos. 97-10139, 97-10215·Published·Cited by 103 cases

Opinion

TROTT, Circuit Judge:

Francisco J. Leon-Reyes (“Leon-Reyes”) appeals his conviction for seven counts of perjury in violation of 18 U.S.C. § 1623. His first claim is that the district court erred in admitting into evidence, under Rule 1006 of the Federal Rules of Evidence, summaries of testimony from a previous trial in which he allegedly testified falsely. The court restricted the jury’s consideration of these summaries to the issue of whether Leon-Reyes’s allegedly false testimony was material. Leon-Reyes also claims that the prosecutor’s closing argument vouched for the prosecution’s own integrity and was inflammatory and prejudicial in content.

The United States cross appeals claiming that the district court abused its discretion by calculating Leon-Reyes’s sentence with respect to the money laundering activities only and not with respect to the drug trafficking charges.2 This court has jurisdiction pursuant to 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291, and we affirm the district court in all respects.

BACKGROUND

Leon-Reyes was indicted on seven counts of perjury. This indictment stemmed from Leon-Reyes’s testimony in United States v. Heriberto Garcia, CR 94-119-TUC-RMB (the “Garcia trial”), where Heriberto Garcia Sr. (“Garcia Sr.”) and Heriberto Garcia Jr. (“Garcia Jr.”) (collectively the “Garcias”) were charged with drug trafficking, money laundering and money structuring. Leon-Reyes is an accountant who testified for the defense about the financial affairs of Garcia Sr. Leon-Reyes testified that (1) he filed a “notice of registration” for tax purposes in Mexico, giving notice that Garcia Sr. was [819] initiating business activities in Mexico; (2) the “notice of registration” was officially stamped in his presence; (3) he prepared and personally filed an “informative declaration” 3 on behalf of Garcia Sr.; (4) he filed the “informative declaration” with Banamex, a bank in Mexico; (5) he had prepared and filed income tax returns in Mexico for Garcia Sr. for the years 1987-1993; (6) he paid the tax liabilities for 1987-1993; and (7) he received bank statements for Garcia Sr.’s account with Bana-mex Bank. Leon-Reyes was indicted for perjury based on this testimony.

At Leon-Reyes’s trial, the district court admitted into evidence summaries of testimony given by numerous witnesses in the Garcia trial. The first group of summaries included the testimony of witnesses who testified that they had pled guilty to drug trafficking or money laundering, and that they had given or seen substantial sums of cash given to the Garcias in return for marijuaha (the “drug trafficking summaries”). Other summaries included the testimony of witnesses who testified about various parts of the Garcias’ money laundering activities including: (1) that the Garcias invested substantial sums of their own money into the Pantera Radio Station; (2) that the station was losing money; (3) that the money was given to them by the Garcias in cash; and (4) that they were instructed to take the cash and purchase money orders from numerous banks in amounts of $2,500 or $2,000 (the “money laundering summaries”). Two other summaries encompassed the testimony of two witnesses who had audited and testified about the financial affairs of the Garcias (the “accounting summaries”).

The jury found Leon-Reyes guilty on all seven counts.

At sentencing, the government argued that Leon-Reyes’s perjury affected the Garcias’ drug trafficking charges as well as the money laundering and money structuring charges. The district court rejected this argument, held that Leon-Reyes’s testimony did not relate to the drug trafficking offenses, and sentenced Leon-Reyes to 57 months. This appeal and cross-appeal followed.

DISCUSSION

I. Summaries of Prior Testimony

Leon-Reyes argues that the district court erred in admitting the drug trafficking summaries into evidence. We review a district court’s decision to admit or exclude evidence for an abuse of discretion. United States v. Hernandez, 109 F.3d 1450, 1452 (9th Cir.1997).

Summaries of voluminous writings, recordings or photographs are admissible under Rule 1006 of the Federal Rules of Evidence. However, the use of summaries of testimony given by witnesses in prior trials has not been addressed by this court, and the guidelines for the use of such summaries have not been established.4

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United States v. Leon-Reyes, 177 F.3d 816, 51 Fed. R. Serv. 1599, 99 Daily Journal DAR 4779, 99 Cal. Daily Op. Serv. 3734, 1999 U.S. App. LEXIS 9680, 1999 WL 314682 (9th Cir. 1999).

177 F.3d 816 (United States v. Leon-Reyes) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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