United States v. Muja

102 F. App'x 212
CourtCourt of Appeals for the Second Circuit
DecidedJune 23, 2004
DocketNo. 02-1175
StatusPublished
Cited by1 cases

This text of 102 F. App'x 212 (United States v. Muja) 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. Muja, 102 F. App'x 212 (2d Cir. 2004).

Opinion

SUMMARY ORDER

Appellant Asilan Muja was convicted after a jury trial of two substantive and two conspiratorial counts of drug trafficking, see 21 U.S.C. §§ 952(a), 953(a), 960(a)(1), 960(b)(1)(A), 960(b)(1)(B)(ii), 960(b)(2)(B)(ii), 963, and one substantive and one conspiratorial count of money laundering, see 18 U.S.C. §§ 1956(a)(2)(B), 1956(h). He is presently incarcerated, serving a term of 210 months’ imprisonment. We assume familiarity with the record and the proceedings before the district court and hereby affirm Muja’s conviction and sentence.

1. Severance

Muja contends that the district court abused its discretion in denying his motion to sever the heroin conspiracy charged in Count Two of the indictment from the other charges in the case. Reviewing the issue of joinder de novo, see [214]*214United States v. Tubol, 191 F.3d 88, 94 (2d Cir.1999), we conclude that Count Two was properly joined with the other charges in the indictment because the drug offenses are “of the same or similar character” and the money laundering was connected thereto as part “of a common scheme or plan.” Fed.R.Crim.P. 8(a). See United States v. Werner, 620 F.2d 922, 926 (2d Cir.1980) (noting that Rule 8(a) requires only a “general likeness” among jointed charges). Joinder was further proper because evidence of Muja’s cocaine trafficking—specifically, Dayna Twilligear’s testimony that Muja had admitted his heroin smuggling while recruiting her as a cocaine courier—would have been admissible even in a separate trial of the heroin charge. See United States v. Tubol, 191 F.3d at 95.

Because joinder was appropriate, we review the district court’s denial of Muja’s severance motion for abuse of discretion. See Fed.R.Crim.P. 14(a); see also United States v. Spinelli, 352 F.3d 48, 54 (2d Cir.2003). We find no abuse in this case.

2. Admission of Co-Conspirators’ Statements

Muja claims that the district court clearly erred in allowing two cooperating witnesses to testify about hearsay statements made to them by other co-conspirators. See United States v. Desena, 260 F.3d 150, 157 (2d Cir.2001).

To the extent he argues that independent corroboration was lacking for the statements of Besnik Sokoli, see United States v. Tellier, 83 F.3d 578, 580 (2d Cir.1996), we disagree. Sokoli’s statements about Muja’s trip to retrieve heroin from Pakistan were corroborated by contemporaneous wire transfer records from the Western Union offices both in Queens (from where the bribe money was sent) and in Pakistan (where Muja and another coconspirator signed for the transferred funds).1

Nor are we persuaded by Muja’s argument that statements by Fatmir Rama to Velaj naming Muja as a cocaine courier were merely “gratuitous,” Appellant’s Br. at 106, and not in furtherance of the conspiracy, see, e.g., United States v. Birnbaum, 337 F.2d 490, 494—95 (2d Cir.1964). The context indicates that Rama was attempting to reassure Velaj that there was no risk in supplying him with cocaine because Rama used reliable, experienced couriers, specifically Muja and his wife, who traveled on American passports. See United States v. Simmons, 923 F.2d 934, 945 (2d Cir.1991). Similarly without merit is Muja’s complaint that Rama’s statement was made prior to the dates of the charged conspiracy. See United States v. Orena, 32 F.3d 704, 713 (2d Cir.1994).

We likewise find no abuse of discretion in the district court’s denial of Muja’s motion for a mistrial based on Velaj’s testimony about his prior involvement [215]*215in drug smuggling, including passing references to the involvement of people he referred to as “Albanians.” The challenged testimony was admissible as background and was not unfairly prejudicial. See, e.g., United States v. Pipola, 83 F.3d 556, 566 (2d Cir.1996).

3. Sufficiency of the Evidence

We review de novo a sufficiency challenge to the evidence supporting a criminal conviction, see United States v. Reyes, 302 F.3d 48, 52—53 (2d Cir.2002), and will affirm if the evidence, when viewed in its totality, and in the light most favorable to the government, would permit any rational jury to have found the essential elements of the crime beyond a reasonable doubt, see United States v. Gaskin, 364 F.3d 438, 459—60 (2d Cir.2004).

Muja submits that the government case depended on three incredible cooperating witnesses, namely, Twilligear, Skoro, and Velaj. The jury having rejected Muja’s credibility challenge when made by his counsel in summation, see Tr. Trans. 1185—91, we defer to its findings, see United States v. Dhinsa, 243 F.3d 635, 648—49 (2d Cir.2001); United States v. Morrison, 153 F.3d 34, 49 (2d Cir.1998), and conclude that the testimony, when viewed in the light most favorable to the prosecution, sufficed to support a guilty verdict on all charges, see United States v. Nelson, 277 F.3d 164, 196—97 (2d Cir. 2002).

Insofar as Muja raises a specific sufficiency challenge to the substantive money-laundering charge, we hold that Twilligear’s testimony about her drug and money-laundering activities supported a reasonable jury inference that the $43,500 in wire transfers from Albania to New York on or about August 23, 1999, represented the proceeds of one trip by a drug courier. Although Muja was the named recipient in only two of the fifteen Western Union wire transfers relating to this money, the evidence tied him to the trip as a whole, and thus to the full $43,500. In any event, Muja’s challenge to his involvement with the remaining thirteen transfers would be relevant only to guidelines calculation, not to his guilt on the charged offense.2

4. Muja’s Audiotape Transcript

To the extent Muja faults the district court for refusing to permit him to submit a transcript as an aid to the jury in listening to an enhanced audiotape, we review for abuse of discretion. See United States v. Ben-Shimon, 249 F.3d 98, 101 (2d Cir.2001).

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102 F. App'x 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-muja-ca2-2004.