United States v. Marisol Garcia

683 F. App'x 838
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 30, 2017
Docket16-10969 Non-Argument Calendar
StatusUnpublished

This text of 683 F. App'x 838 (United States v. Marisol Garcia) 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. Marisol Garcia, 683 F. App'x 838 (11th Cir. 2017).

Opinion

PER CURIAM:

Marisol Garcia appeals her conviction for possession of a firearm and ammunition by a convicted felon, pursuant to 18 U.S.C. § 922(g)(1). On appeal, Garcia argues that the district court erred by (1) limiting the scope of the cross-examination of a key government witness, (2) denying her motion for judgment of acquittal or in the alternative for a new trial and, (3) denying her motions for mistrial based on improper comments in closing arguments and false testimony. After a careful review of the record and the parties’ briefs, we affirm.

I.

First, Garcia challenges the district court’s limit of the cross-examination of the key government witness, Cesar Quir-go. At trial, Quirgo testified that he was shot in the leg by Garcia’s boyfriend with a gun obtained from Garcia’s purse after Garcia yelled “shoot him”. Quirgo testified that the purse from which the gun was obtained was on Garcia’s right shoulder, that Garcia lifted up her purse and her boyfriend reached in and grabbed the gun. Although Quirgo testified that he had been convicted of a felony four times and was currently on probation, the district court limited the scope of Quirgo’s cross-examination to preclude inquiry into the hypothetical and speculative sentences Quirgo might face for violating his probation. The district court also prevented inquiries into the nature of.his four underlying convictions and any likelihood that he would in fact receive a life sentence.

We review whether a district court “improperly limited the scope of [a] cross-examination for a clear abuse of discretion.” United States v. Maxwell, 579 F.3d 1282, 1295 (11th Cir. 2009). While the district court has the discretion to constrain cross-examination “th[at] discretion is limited by the guarantee of the Sixth Amendment’s Confrontation Clause [which gives] a criminal defendant ... the right to cross-examine prosecutorial witnesses.” Id. And, because the cross-examination of important government witnesses is critical, there is “a presumption favor[ing] free cross-examination [to elicit] possible bias, motive, ability to perceive and remember, and general character for truthfulness.” *840 Id. at 1295-96 (internal quotation mark omitted).-

“The test for the Confrontation Clause is whether a reasonable jury would have received a significantly different impression of the witness’ credibility had counsel pursued the proposed line of cross-examination.” United States v. Garcia, 13 F.3d 1464, 1469 (11th Cir. 1994). But as long as the cross-examination permits defendant’s counsel to expose “the jury to facts sufficient to evaluate the credibility of the witness and ... establish a record [in order to] properly ... argue why the witness is less than reliable,” the test is satisfied. United States v. Baptista-Rodriguez, 17 F.3d 1354, 1371 (11th Cir. 1994).

Even so, trial judges still retain wide latitude “to impose reasonable limits on ... cross-examination based on concerns about, among other' things, harassment, prejudice, confusion of the issues, the witness’ safety, or interrogation that is repetitive or only marginally relevant.” Delaware v. Van Arsdall, 475 U.S. 673, 679, 106 S.Ct. 1431, 1435, 89 L.Ed.2d 674 (1986).

The district court did not abuse its discretion by limiting the scope of cross-examination, thereby preventing Garcia’s counsel from asking whether Quirgo could face a possible a life sentence if a probation violation were established. Garcia’s counsel was still able to expose Quirgo’s possible bias—without relying on speculation—when it was permitted to ask whether there was any danger of a probation violation for which jail time was a possibility. See Maxwell, 579 F.3d at 1295-96. Garcia’s counsel was also permitted to question Quirgo about his four prior felony convictions and drug use the night of the incident. As such, the jury was exposed to facts to aid in its evaluation of Quirgo’s credibility and Garcia’s counsel was also able to establish a record from which Quir-go’s reliability could be questioned. See Baptista-Rodriguez, 17 F.3d at 1371. Furthermore, the prohibited line of questioning did not prevent the jury from receiving a “significantly different impression” of Quirgo’s credibility than it would have if Garcia’s counsel had been able to pursue the proposed line of questioning. See Garcia, 13 F.3d at 1469.

II.

Second, Garcia challenges the sufficiency of the evidence in attacking the district court’s' denial of her motion for judgment of acquittal or in the alternative, a motion for new trial based on the weight of the evidence. In essence, Garcia contends that she had no motive to ask her boyfriend to shoot Quirgo. Garcia argues that Quirgo’s statement at trial contradicted his statement to police on the night of the .incident, and that there was conflicting testimony from other witnesses who said that she had no purse or gun when Quirgo was shot.

In a ruling on a motion for judgment of acquittal, we must determine “whether there is substantial evidence from which a jury could reasonably find the defendant ] guilty beyond a reasonable doubt.” United States v. Gregory, 730 F.2d 692, 706 (11th Cir. 1984). We review the sufficiency of the evidence de novo, viewing the evidence in the light most favorable to the government and making all reasonable inferences and credibility choices in the jury verdict’s favor. United States v. Robertson, 493 F.3d 1322, 1329 (11th Cir. 2007).

And in reviewing the decision to grant or deny a motion for new trial based on the weight of the evidence, we defer to the discretion of the trial court. United States v. Martinez, 763 F.2d 1297, 1312 (11th Cir. 1985). “[A] court need not view the evidence in the light most favorable to the verdict,” but the evidence must not “pre *841 ponderate” so heavily against the verdict, such that it would be a miscarriage of justice to let the verdict stand. Id.

The district court did not err when it denied Garcia’s motion for judgment of acquittal, and her motion for a new trial. To sustain a conviction for possession of a firearm and ammunition by a convicted felon, the government had to prove that (1) Garcia knowingly possessed the firearm, (2) the firearm traveled in interstate commerce, and (3) that Garcia was a convicted felon. See 18 U.S.C. § 922

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

Related

United States v. Gainey
111 F.3d 834 (Eleventh Circuit, 1997)
United States v. Deleveaux
205 F.3d 1292 (Eleventh Circuit, 2000)
United States v. Robert Eckhardt
466 F.3d 938 (Eleventh Circuit, 2006)
United States v. Robertson
493 F.3d 1322 (Eleventh Circuit, 2007)
United States v. Maxwell
579 F.3d 1282 (Eleventh Circuit, 2009)
Delaware v. Van Arsdall
475 U.S. 673 (Supreme Court, 1986)
United States v. McNair
605 F.3d 1152 (Eleventh Circuit, 2010)
United States v. Kopituk
690 F.2d 1289 (Eleventh Circuit, 1982)
United States v. Arturo Rodriguez, Vincente Ramirez
765 F.2d 1546 (Eleventh Circuit, 1985)
United States v. Herring
955 F.2d 703 (Eleventh Circuit, 1992)
United States v. Vere Michael
17 F.3d 1383 (Eleventh Circuit, 1994)
United States v. Perez
30 F.3d 1407 (Eleventh Circuit, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
683 F. App'x 838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-marisol-garcia-ca11-2017.