United States v. Martínez-Lantigua

857 F.3d 453, 2017 WL 2233743
Court of Appeals for the First Circuit·Decided May 23, 2017·No. No. 15-2169·Published·Cited by 2 cases

Opinion

TORRUELLA, Circuit Judge.

Following a trial, Leoner Martinez-Lan-tigua (“Martinez”) was found guilty of conspiracy to possess with intent to distribute and possession with intent to distribute at least 15 kilograms but less than 50 kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846. Martinez was sentenced to 121 months of imprisonment. Martinez appeals, contending that the evidence was insufficient for his conspiracy conviction and there were errors at his trial. Because the entire drug deal was captured on video and audio—which show Martinez inspecting the drugs with his own hands—we find that there was sufficient evidence to convict Martinez. We also find Martinez’s claims that there were errors at his trial to be without merit. We therefore affirm.

I. Background

On July 6, 2014, a confidential informant told Homeland Security Investigations (“HSI”) agents that a money laundering and drug trafficking organization was seeking assistance to transport cocaine from St. Thomas to Puerto Rico. That same day, an HSI undercover agent (the “Agent”), acting as a facilitator, called the organization and coordinated a meeting to discuss the smuggling venture.

On July 7, the Agent met with Oscar De la Cruz (“De la Cruz”) and Pedro Wipp-Kelley (“Wipp-Kelley”) in Piñones, Puerto Rico, to discuss the venture and agreed that, in exchange for transporting the narcotics, they would pay the Agent $1,000 per kilogram of cocaine in transportation fees, plus $5,000 in fuel and travel expenses. During a series of recorded calls and meetings, they ultimately agreed to have the Agent transport 48 kilograms of cocaine and provided him with a Blackberry and the phone number of Erasmo Martinez-Trinidad (“Martinez-Trinidad”), who had the narcotics in St. Thomas. The Agent travelled to St. Thomas and successfully arranged the delivery of the narcotics.

The Agent called Wipp-Kelley on July 12 to arrange the location for the exchange. The exchange took place at the Martínez Nadal Train Station parking lot, in San Juan, Puerto Rico, and was recorded on video; accompanying audio was provided through a body wire that the Agent was wearing.

The controlled delivery involved four cars. Wipp-Kelley messaged the Agent and informed him that Wipp-Kelley would be driving a grey Nissan, and that he would be with somebody (who was later identified as Carlos Carmona). Wipp-Kelley also informed the Agent that a second vehicle, a white Altima, would be involved in the transaction. It would later turn out that Martinez would be driving this Altima, with his friend Ramón Coplin in the passenger seat. Another undercover agent would drive a small SUV to the transaction [456]*456with the Agent in the passenger seat. The sham cocaine would be located in a separate red undercover vehicle (the agents naturally did not bring the real cocaine to the transaction). The money would be put into the small SUV, and Martinez would drive away in the red undercover vehicle that contained the narcotics.

The transaction followed this plan (except, of course, that the conspirators were arrested before they could drive away). The Agent got out of the SUV and approached Wipp-Kelley’s vehicle, the grey Nissan. Wipp-Kelley told the Agent that the bag containing the $43,000 was in the rear seat of this grey Nissan. After the Agent inspected the bag of money and confirmed its contents, Carmona placed it in the small SUV. The Agent then approached the white Altima. Martinez was in the driver’s seat, and Coplin in the passenger seat. The Agent asked Martinez whether he was going to drive the red vehicle and Martinez nodded his head. The Agent asked Martinez whether anyone was going “to check that,” referring to the sham narcotics in the vehicle. Martinez replied “[o]h, okay.” Both Martinez and Coplin approached the Agent’s vehicle to inspect the bags and the Agent opened the trunk. The Agent opened the bag containing the bricks of sham cocaine to show them to Martinez. Martinez looked into the trunk, reached into the trunk, and touched the sham narcotics. After Martinez had completed this inspection of the sham cocaine, the Agent closed the trunk of the vehicle, which signaled federal agents to arrest the conspirators.

After the arrest, Martinez waived his Miranda rights at the police station and admitted that he was hired to move the vehicle containing the bags from Point A to Point B for $1,000, and that he knew that he was to move something illegal because of the amount of money that he was offered.

. Martinez was tried from May 11 to May 19, 2015. He was found guilty of conspiracy to possess with intent to distribute and possession with intent to distribute at least 15 but less than 50 kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846. Martinez was sentenced to 121 months of imprisonment. Martinez appeals, contending that the evidence was insufficient for his conviction and his trial was unfair.

II. Discussion

A. Sufficiency of the Evidence

Martinez’s principal argument on appeal is that the evidence was insufficient for his conviction. “We review preserved challenges to the sufficiency of the evidence de novo.” United States v. Maymi-Maysonet, 812 F.3d 233, 236 (1st Cir. 2016) (citation omitted), cert. denied, — U.S. -, 137 S.Ct. 100, 196 L.Ed.2d 84 (2016). On sufficiency of evidence review, this Court “must view the evidence, both direct and circumstantial, in the light most favorable to the prosecution, and decide whether that evidence, including all plausible inferences drawn therefrom, would allow a rational factfinder to conclude beyond a reasonable doubt that the defendant committed the charged crime.” Id. (citation omitted). “Given this difficult standard, defendants raising this claim are ‘rarely suc-céssful....’” United States v. Rivera-Ruperto, 846 F.3d 417, 432 (1st Cir. 2017) (quoting United States v. Moran, 984 F.2d 1299, 1300 (1st Cir. 1993)). For conspiracies such as the one Martinez was convicted for, “the government ‘need only prove that the defendant had knowledge that he was dealing with a controlled substance, not that he had knowledge of the specific controlled substance.’ ” Id. at 433 (quoting [457]*457United States v. Woods, 210 F.3d 70, 77 (1st Cir. 2000)).

Martinez concedes that he knew that he was doing something illegal, and he concedes that he was paid $ 1,000 for doing so. Martinez, however, contends that he did not know that he was part of a criminal conspiracy, or that the conspiracy involved illegal drugs. The video recording belies Martinez’s arguments. He was caught on tape arriving in the white Altima, the car that Wipp-Kelley had said he would arrive in, at the exact location and at the exact time that the drug deal was to take place. Not only did he look into the trunk of the undercover vehicle—with the unzipped bag of drugs inside it—but he also touched the bricks of sham cocaine with his hands.

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United States v. Martínez-Lantigua, 857 F.3d 453, 2017 WL 2233743 (1st Cir. 2017).

857 F.3d 453 (United States v. Martínez-Lantigua) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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