United States v. Morales-Machuca

546 F.3d 13, 2008 U.S. App. LEXIS 21832, 2008 WL 4603440
CourtCourt of Appeals for the First Circuit
DecidedOctober 17, 2008
Docket06-1283, 07-1001
StatusPublished
Cited by94 cases

This text of 546 F.3d 13 (United States v. Morales-Machuca) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Morales-Machuca, 546 F.3d 13, 2008 U.S. App. LEXIS 21832, 2008 WL 4603440 (1st Cir. 2008).

Opinion

TORRUELLA, Circuit Judge.

David Morales-Machuca (“Morales”) and Quester Sterling-Suárez (“Sterling”) were indicted by a federal grand jury on multiple counts relating to an armored car robbery in which a security guard was killed. After an eight-day jury trial, both Morales and Sterling were found guilty as to all charged counts. They were each sentenced to life terms of imprisonment. Morales now appeals his conviction and *16 sentence on various grounds. Sterling appeals only his sentence. After careful consideration of the defendants’ various arguments, we affirm.

I. Background

Morales challenges the sufficiency of the evidence supporting his conviction. We therefore rehearse the facts in the light most favorable to the jury’s guilty verdict, consistent with record support. See United States v. Mousli, 511 F.3d 7, 14 (1st Cir.2007).

A. The Robberies

On the morning of November 30, 2001, a Ranger American Armored Securities Services truck containing $180,000 arrived at the Saulo de Rodriguez Credit Union in Gurabo, Puerto Rico. As James Cruz-Ma-tias (“Cruz”), one of the two security officers delivering the money, exited the truck and walked towards the credit union, Her-nando Medina-Villegas (“Medina”) approached him with a pistol in his hand. Sterling and another assailant, both armed with pistols, appeared on either side of Cruz and threatened to shoot him. The three assailants seized the bag with the money and fled in a dark-colored Jeep Grand Cherokee. A short time later, the police discovered a burned-out Grand Cherokee in the area.

Around noon on March 6, 2002, another armored truck attempted to deliver $300,000 to the Valenciano Cooperative in Juncos, Puerto Rico. The truck was driven by security officer Eluber Torres-Alejandro (“Torres”), who was accompanied by his partner, Gilberto Rodríguez-Cabrera (“Rodríguez”). As Torres walked toward the credit union, Lorenzo Catalán-Román (“Catalán”) approached with a firearm to demand the money. The robbery, however, failed. Torres pulled out a firearm and Rodriguez opened the truck door and aimed another gun at Catalán. Catalán turned and fled. Torres observed that as Catalán ran away, a motorcyclist who had lingered behind the truck and a blue Chevy Lumina with tinted windows both sped away.

On the morning of March 27, 2002, Torres and Rodriguez attempted to make another delivery, this time $100,000 to the Saulo de Rodriguez Credit Union in Gura-bo, Puerto Rico. However, before Rodriguez reached the front door of the credit union, Medina and Catalán approached with pistols in their hands. Rodriguez made no resistance and raised his hands, but Medina fired a shot from a Glock 9mm pistol and Rodriguez fell back against the building window.

Hearing the gunfire, Torres opened the truck door and shot Catalán in the leg. Torres’s hand was then hit by a bullet from an unseen shooter. Injured, he climbed back into the truck. As Rodriguez begged for his life, Medina took the bag of money and fired another shot at him. Medina fled, leaving an injured Ca-talán behind. Catalán then picked up his pistol and fired six shots at Rodriguez, who was lying prone on the ground and begging for mercy. Rodriguez died as a result of gun shot wounds.

Soon thereafter, Sterling appeared from the drive-through area with a gun in his hand. Sterling attempted to help the injured Catalán, but fled when the police arrived. One officer arrested Catalán and another chased, but then lost, Sterling in the nearby wooded area. A few hours later, a wet and dirty Sterling, who was sitting on the side of the road near the credit union, was arrested by the police. After being advised of his rights, Sterling confessed to participating in the robbery and throwing aside his gun as he fled from the police. He described how he had been picked up early that morning and had *17 waited in the parking lot for the armored truck to arrive. He also confessed that he had participated in other robberies with the same group of people.

Nearby, the police recovered a stolen green Ford Explorer that contained the Glock 9mm pistol used by Medina to shoot Rodriguez, as well as eleven shell casings and a bullet fragment. At trial, the government’s ballistics expert testified that the casings, fragment, and the bullet from Torres’s injured hand were all traced to a Taurus 9mm pistol that belonged to Morales.

B. Morales

Between June 2000 and March 2002, Morales worked as a truck driver and received minimum wage. His gross weekly pay was approximately $200. In 2001, he and his wife, Minerva Núñez-Morales, reported a total gross annual income of $11,342 on their tax forms. In 2001, Morales became romantically involved with Jocelyn Serrano-Castro (“Serrano”). According to Serrano, Morales was close friends with Medina, Catalán, Sterling, and Pablo Sánehez-Rodríguez (“Sánchez”).

Despite his relatively modest income, Morales was able to buy cars for both his wife and Serrano. On or about December 10, 2001, Morales purchased a 1993 blue Chevy Lumina for Serrano after telling her that he had “scored a big hit.” On December 18, 2001, Morales’s wife inspected a 1996 green Chevy Lumina, called Morales to report that the car was in good condition, and then paid the seller $5,000 in cash. And then in April 2002, he paid for more than half the $7,200 price of a 1994 blue Grand Marquis.

The blue Chevy Lumina, however, was taken away from Serrano some time in February 2002, one month before the second robbery. The pair had a fight and Morales allegedly struck Serrano in the head with a Taurus 9mm pistol that he always carried with him. Morales later forced Serrano to transfer the car to Medina. At trial, Serrano testified that although the car belonged to Medina, she had never seen him drive it. Morales almost always drove the car. Medina owned other means of transportation, including a motorcycle.

Serrano testified in great detail regarding the events of March 27, 2002, the day of the fatal armed robbery. She related how Morales came to pick her up around 9:00 a.m. in a blue Chevy Lumina. When she expressed some surprise at the early hour, Morales told her that the “guys had scored a hit and he did not trust the person that was going to pick them up.” He told her that “the guys had called him so he would go pick them up.” They drove to Gurabo where Sánchez was waiting. The two men parked their cars and talked for about 15-20 minutes in Sánchez’s vehicle. As Serrano and Morales were driving back to Bayamón, he received a call from Sánchez. Morales then called his wife and switched cars — the green Chevy Lumina for the blue Chevy Lumina.

A few hours later, Morales picked up Serrano and drove to a Wendy’s parking lot in Caguas. Serrano testified that Morales met with Sánchez and another individual, who gave Morales a duffel bag containing cash. Later that evening, Morales and Serrano drove back to the Gurabo area and stopped at a mile-marker on the edge of the highway. Morales stepped out of the car, reached behind the mile-marker, and retrieved his Taurus 9mm pistol. They then drove to a shopping mall and purchased two new cell phones.

The following day, March 28th, Morales and Serrano went to visit Medina.

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Cite This Page — Counsel Stack

Bluebook (online)
546 F.3d 13, 2008 U.S. App. LEXIS 21832, 2008 WL 4603440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-morales-machuca-ca1-2008.