United States v. McQuiller

178 F. Supp. 3d 75, 2016 U.S. Dist. LEXIS 45041, 2016 WL 1294535
CourtDistrict Court, W.D. New York
DecidedApril 2, 2016
Docket15-CR-131
StatusPublished

This text of 178 F. Supp. 3d 75 (United States v. McQuiller) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. McQuiller, 178 F. Supp. 3d 75, 2016 U.S. Dist. LEXIS 45041, 2016 WL 1294535 (W.D.N.Y. 2016).

Opinion

DECISION AND ORDER

LAWRENCE J. VILARDO, UNITED STATES DISTRICT JUDGE

“Count 1” of the Indictment charged defendant Derek McQuiller with “knowingly, intentionally and unlawfully possessing] with intent to distribute cocaine.” Docket Item 1 at 1. “Count 2” of the Indictment charged McQuiller with “knowingly, intentionally and unlawfully possessing] with intent to distribute, and distributing], marijuana.” Id. at 2. Both Counts charged violations of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C).

On January 26,2016, at the conclusion of a one-week trial, the jury convicted McQuiller on Count 1 but acquitted him on Count 2. Pending before this Court are McQuiller’s post-trial motions seeking either a judgment of acquittal, under Federal Rule of Criminal Procedure 29, or a new trial, under Federal Rule of Criminal Procedure 33. See Docket Items 76 & 77. For the reasons that follow, the motions are DENIED.

I. LEGAL STANDARDS

A. RULE 29

After a jury verdict, a defendant may challenge the sufficiency of the evidence presented at trial by moving for a judgment of acquittal under Federal Rule of Criminal Procedure 29(c)(1). “A Rule 29 motion should be granted only if the district court concludes there is ‘no evidence upon which a reasonable mind might fairly conclude guilt beyond a reasonable doubt.’ ” United States v. Irving, 452 F.3d 110, 117 (2d Cir.2006) (quoting United States v. Taylor, 464 F.2d 240, 243 (2d Cir.1972)). Thus, to be entitled to relief under Rule 29, McQuiller “must show that when viewing the evidence in its totality, in a light most favorable to the government, and drawing all inferences in favor of the prosecution, no rational trier of fact could have found him guilty.” Irving, 452 F.3d at 117.

B. RULE 33

The Court also may, “[u]pon the defendant’s motion,.. .vacate any judgment and grant a new trial if the interest [79]*79of justice so requires.” Fed. R. Crim. P. 33(a). “A district court should grant a new trial motion if it ‘is convinced that the jury-has reached a seriously erroneous result or that the verdict is a miscarriage of justice.’ ” United States v. Landau, 155 F.3d 93, 104 (2d Cir.1998) (quoting Smith v. Lightning Bolt Prods., Inc., 861 F.2d 363, 370 (2d Cir.1988)). Although the Second Circuit affords “district courts greater deference to grant a new trial under Rule 33 than to grant a motion for acquittal under Rule 29,” this Court must nonetheless exercise its Rule 33 authority “sparingly” and only in “the most extraordinary circumstances.” United States v. Cote, 544 F.3d 88, 101 (2d Cir.2008) (quoting United States v. Sanchez, 969 F.2d 1409, 1414 (2d Cir.1992)).

II. DISCUSSION

McQuiller offers three arguments in support of his two post-trial motions. The Court will address each of these arguments in turn.

A. SUFFICIENCY OF THE EVIDENCE

In both his motions, McQuiller argues that “[njecessarily, the jury had to base its decision on the testimony of [Kimberly] Van Elk,” who was “unbelievable as a matter of law.” Docket Item 76 at 2 (¶ 3); Docket Item 77 at 2 (¶ 3). In support of this argument, McQuiller cites United States v. Boissoneault, 926 F.2d 230 (2d Cir.1991), a case in which the Second Circuit concluded that the evidence “was insufficient to justify a rational trier of fact to find beyond a reasonable doubt that [the defendant] had the requisite intent to distribute cocaine.” 926 F.2d at 235. According to McQuiller:

The only difference between Boisso-neault and [this case] is Ms. Van Elk, a witness who is simply not credible. The Court should not distinguish [this case] from Boissoneault based on Ms. Van Elk’s testimony alone, which has been inconsistent at every stage of this case.

Docket Item 77 at 3 (¶ 6); see also Docket Item 76 at 4.

The Court disagrees. The entirety of Van Elk’s testimony was not — as McQuiller claims — “unbelievable as a matter of law.” See generally United States v. Sanchez, 969 F.2d 1409, 1414 (2d Cir.1992).1 Moreover, while Van Elk’s testimony indeed distinguishes this case from Boissoneault, that testimony is not the only difference between Boissoneault and this case.

Boissoneault, like this case, involved a defendant who was convicted of possessing with intent to distribute about five grams of cocaine — a relatively small quantity not inconsistent with personal use. See Boissoneault, 926 F.2d at 234. In Boissoneault, however, the government presented testimony from only five witnesses, none of whom shed any light on the defendant’s intent: the officer who arrested the defendant and found the cocaine; three witnesses who testified regarding chain of custody or lab testing of the cocaine; and a Special Agent with the Drug Enforcement Agency, who testified as an expert witness. See id. at 231. The Second Circuit described the opinions of the expert witness as “conclusory” and found that there was [80]*80“virtually no evidence from which the requisite criminal intent — intent to distribute — -[could] be inferred.” Id. at 233-34.

Here, in addition to testimony from such law enforcement witnesses, the government presented the testimony of an eyewitness: Kimberly Van Elk. On the night of April 22, 2015, Van Elk was driving in the Town of Tonawanda when town police stopped her for a traffic violation. McQuil-ler was in the passenger’s seat. The police officers saw objects thrown from the vehicle, and they recovered a plastic bag containing 10 individually packaged baggies of cocaine (totaling more than three grams) apparently thrown from the passenger’s window and a single bag of marijuana apparently thrown from the driver’s window, The officers then arrested both McQuiller and Van Elk and- found four additional baggies of cocaine — one in the car and three in McQuiller’s holding cell (bringing the total to approximately five grams).

At trial, McQuiller challenged the government’s evidence with respect to the requisite criminal intent — i.e., intent to distribute. As in Boissoneault, defense counsel argued, that the amount of drugs was consistent with personal use.

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Related

United States v. Powell
469 U.S. 57 (Supreme Court, 1984)
United States v. O'Connor
650 F.3d 839 (Second Circuit, 2011)
United States v. Ralph Kelly Taylor, II
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United States v. Jackson Rip Holmes
863 F.2d 4 (Second Circuit, 1988)
United States v. Peter J. Boissoneault
926 F.2d 230 (Second Circuit, 1991)
United States v. Lizardo Criollo
962 F.2d 241 (Second Circuit, 1992)
United States v. Carluin Sanchez
969 F.2d 1409 (Second Circuit, 1992)
United States v. Jose Vargas Acosta
17 F.3d 538 (Second Circuit, 1994)
United States v. Ramon Martinez
54 F.3d 1040 (Second Circuit, 1995)
United States v. Stefan Irving
452 F.3d 110 (Second Circuit, 2006)
United States v. Moran-Toala
726 F.3d 334 (Second Circuit, 2013)
United States v. Escalera
536 F. App'x 27 (Second Circuit, 2013)
United States v. Cote
544 F.3d 88 (Second Circuit, 2008)
United States v. Wallace
532 F.3d 126 (Second Circuit, 2008)
United States v. McCallum
584 F.3d 471 (Second Circuit, 2009)
United States v. Salameh
152 F.3d 88 (Second Circuit, 1998)

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Bluebook (online)
178 F. Supp. 3d 75, 2016 U.S. Dist. LEXIS 45041, 2016 WL 1294535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mcquiller-nywd-2016.