United States v. Mauricio Londono-Villa

930 F.2d 994, 1991 U.S. App. LEXIS 6012, 1991 WL 52465
CourtCourt of Appeals for the Second Circuit
DecidedApril 10, 1991
Docket298, Docket 90-1339
StatusPublished
Cited by20 cases

This text of 930 F.2d 994 (United States v. Mauricio Londono-Villa) 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. Mauricio Londono-Villa, 930 F.2d 994, 1991 U.S. App. LEXIS 6012, 1991 WL 52465 (2d Cir. 1991).

Opinions

KEARSE, Circuit Judge:

Defendant Mauricio Londono-Villa (“Londono”) appeals from a judgment entered in the United States District Court for the Southern District of New York, following a jury trial before Peter K. Leisure, Judge, convicting him on one count of conspiring to import cocaine into the United States in violation of 21 U.S.C. §§ 952(a), 960, and 963 (1988), and one count of aiding and abetting the importation of cocaine in violation of 21 U.S.C. §§ 952(a) and 960, and 18 U.S.C. § 2 (1988). On the aiding and abetting count, he was sentenced principally to 10 years’ imprisonment, to be followed by five years of supervised release; on the conspiracy count, the court suspended the imposition of sentence and imposed a five-year term of probation, to run concurrently with the term of supervised release. On appeal, Londono contends chiefly that there was no evidence that he knew or intended the destination of the cocaine to be the United States, and that the district court erred in instructing the jury that it could find him guilty without finding that he had such knowledge or intent. For the reasons below, we agree and reverse the judgment of conviction.

I. BACKGROUND

The government’s evidence at trial was presented principally through the testimony of Drug Enforcement Administration (“DEA”) undercover agent Rene de la Cova and DEA confidential informant Frank Kelly. To the extent pertinent to Londono, the testimony was as follows.

In March and April 1987, several individuals, including codefendant Nelson Cue-vas-Ramirez, unindicted coconspirator Alvaro Soler-Romero (“Soler”), and de la Cova, met several times in Panama City, Panama, to discuss a plan to transport 100-200 kilograms of cocaine from Colombia through Panama, to the United States. The plan called for Kelly, de la Cova’s pilot, to fly from Panama to Colombia to pick up the shipment of cocaine from a small airstrip there; he would then return to Panama, and the cocaine would eventually be taken to the United States from Panama.

On April 11, Londono accompanied Soler to Panama for the last of these meetings. Londono was to fly with Kelly from Panama to Colombia the next morning to guide him to the Colombian airstrip, taking a roundabout route so that Kelly would not be able to locate it again. Londono was familiar with the location of the airstrip, which he had used many times, and he assured de la Cova that it was safe. When Kelly flew back to Panama, Londono was to remain in Colombia.

The flight to Colombia was delayed by mechanical problems, and de la Cova testified that Londono chafed at the delay, saying that he had undertaken this task as a favor and that he actually worked for an [996]*996associate of one of the other conspirators. Londono and Kelly finally left for Colombia on April 13. When they arrived at the airstrip, two teenage boys delivered four burlap bags to the airstrip. Londono examined the bags to verify that they contained cocaine and noticed that there were only 110 kilograms instead of the expected 150. The boys explained to Londono that because the airplane had been delayed, they had already sent the rest off. Kelly tried to get Londono to return with him to Panama to explain the shortage, but Lon-dono promised instead to telephone the other conspirators in Panama to alert them that Kelly was not responsible for the shortfall. Londono helped to load the cocaine into the airplane, and Kelly flew off to Panama, Londono remaining in Colombia.

The cocaine was eventually transported to the United States. There was no testimony that Londono participated in any of the negotiations for the cocaine transaction and no testimony that the United States was mentioned in his presence. Although de la Cova testified that Panama is commonly used as a transshipment point for narcotics from Colombia to the United States, he also testified that Panama is used as a transshipment point for drugs to be sent to many other countries as well.

At the close of the evidence, Londono asked the court to instruct the jury that, in order to establish his guilt of importing and conspiring to import the cocaine into the United States in violation of 21 U.S.C. §§ 952, 960, and 963, the government was required to prove beyond a reasonable doubt that he knew or intended the destination of the cocaine to be the United States. The district court initially declined to include in its charge any instruction whatever with respect to a knowledge or intent requirement. Instead, it charged the jury, in pertinent part, as follows:

In order to find another person unlawfully imported cocaine into the United States, you must be satisfied beyond a reasonable doubt that the following elements have been satisfied.
First, that on or about the date set forth in the indictment, the defendant imported or caused to be imported into the United States a controlled substance. Second, that the imported substance at some point came into the Southern District of New York. Third, that the substance involved was approximately 111 kilograms of cocaine.
To import means to bring in or introduce an article. To find the defendant guilty ... you must find beyond a reasonable doubt that another person brought or caused to be brought into the United States approximately 111 kilograms of cocaine.
The second element of this offense requires that the imported substance actually came into the Southern District of New York at least for a time. Because the law provides that importation is a continuous offense you may find this location requirement satisfied as long as the substance came into the Southern District of New York.

During deliberations, the jury requested clarification as to whether the government was required to prove, for both the conspiracy charge and the aiding and abetting charge, that Londono knew the destination of the cocaine was the United States. The court responded by sending into the jury room the portions of the original instructions concerning conspiracy and aiding and abetting. The jury subsequently sent another note to the court, again asking whether a defendant had to know that cocaine was to be imported into the United States in order to be found guilty of aiding and abetting. In response, the court gave the jury a supplemental instruction stating that “the defendant need not have specific knowledge that the cocaine was to be imported into the United States.” The jury thereafter found Londono guilty on both counts.

Following the verdict, Londono moved pursuant to Rules 29(c) and 33 of the

Related

United States v. Campo Flores
945 F.3d 687 (Second Circuit, 2019)
United States v. Epskamp
Second Circuit, 2016
United States v. Mosquera-Prado
554 F. App'x 54 (Second Circuit, 2014)
United States v. Obiorah
536 F. App'x 53 (Second Circuit, 2013)
United States v. Vega
District of Columbia, 2010
United States v. Martinez, William
476 F.3d 961 (D.C. Circuit, 2007)
United States v. Manuel
371 F. Supp. 2d 404 (S.D. New York, 2005)
United States v. Hypolite
81 F. App'x 751 (Second Circuit, 2003)
United States v. Duane Markiewicz
978 F.2d 786 (Second Circuit, 1992)
United States v. Markiewicz
978 F.3d 786 (Second Circuit, 1992)
United States v. Gloria Patricia Ocampo-Guarin
968 F.2d 1406 (First Circuit, 1992)
U.S. v. Ojebode
Fifth Circuit, 1992
United States v. Elmer Arias Acosta
963 F.2d 551 (Second Circuit, 1992)
United States v. Dale R. Javino
960 F.2d 1137 (Second Circuit, 1992)
United States v. Folonsho Samuel Ojebode
957 F.2d 1218 (Fifth Circuit, 1992)
United States v. Mauricio Londono-Villa
930 F.2d 994 (Second Circuit, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
930 F.2d 994, 1991 U.S. App. LEXIS 6012, 1991 WL 52465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mauricio-londono-villa-ca2-1991.