United States v. Oscar Martinez-Moncivais

14 F.3d 1030, 1994 WL 38657
CourtCourt of Appeals for the Fifth Circuit
DecidedMarch 9, 1994
Docket92-5593
StatusPublished
Cited by95 cases

This text of 14 F.3d 1030 (United States v. Oscar Martinez-Moncivais) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. Oscar Martinez-Moncivais, 14 F.3d 1030, 1994 WL 38657 (5th Cir. 1994).

Opinion

SHAW, Chief District Judge:

OPINION

In May 1990, a grand jury sitting in the San Antonio Division of the Western District of Texas returned a 24-count indictment charging 36 individuals with participating in a far-reaching criminal enterprise involving the importation, transportation, and distribution of substantial amounts of illegal drugs. The appellant, Oscar Martinez-Moncivais (“Martinez”), was specifically charged in Count Three of the indictment with conspiracy to possess with intent to distribute marijuana and cocaine, and in Count Four with conspiracy to import with intent to distribute marijuana and cocaine, all in violation of 21 U.S.C. §§ 846 and 841(a)(1). The conspiracy began in 1983 and continued until the date of the superseding indictment in May of 1990. After a trial involving Martinez and two other defendants, the jury found Martinez not guilty on Count Four, but guilty on Count Three for conspiracy to possess with intent to distribute in excess of 1,000 kilograms of marijuana, and in excess of 5 kilograms of *1033 cocaine. On May 11, 1992, the district court judge sentenced Martinez under the sentencing guidelines to imprisonment for 262 months, supervised release for five years, and fined him $10,000 exclusive of the special assessment.

I. FACTS

Oscar Martinez was charged with transporting large amounts of marijuana and cocaine for an illegal narcotics enterprise known as the Salinas organization. The organization was headed by Alberto Salinas-Trevino (Salinas) and his brother Ramiro Salinas, and its interests stretched from Mexico into the United States.

The evidence against Martinez at trial came primarily from Government witness, Francisco De Leon Ortiz (De Leon). De Leon worked as the personal driver for another of Alberto Salinas’s brothers, Baldemar Salinas, and as a warehouse worker and truck driver for the Salinas organization. De Leon testified that he first met Martinez when Martinez drove a tanker truck full of lime to the Span Tile warehouse where De Leon was working. The Span Tile warehouse, according to the evidence at trial, was one of the centers for the Salinas organization’s importation and distribution of illegal narcotics. De Leon testified that customarily, workers at that warehouse would extract the lime from such incoming tanker trucks and then unload thirty-five gallon steel barrels that had been buried in the lime inside hidden compartments. The marijuana and cocaine were contained in these barrels.

According to the evidence, from 1986 to the summer of 1987, Martinez transported drug-filled barrels inside hidden compartments in lime-filled trucks to the warehouse and picked up the barrels in trailers and transported them elsewhere. De Leon and others would unload the barrels from the hidden compartments of the tanker trucks driven by Martinez. Martinez was not directly involved in either the loading or unloading of the barrels into the secret compartments. He was, however, one of only four or five drivers making deliveries to and from the Span Tile warehouse during the period of time that Martinez worked as a truck driver for the Salinas organization. There was additional testimony that Martinez worked directly for Alberto Salinas.

There was further testimony that no one at the warehouse ever did any business concerning tiles. The tanker trucks that arrived contained drug-filled barrels buried in lime, and the trucks that left the warehouse carried drugs. No tiles were manufactured, stored, or sold at the Span Tile warehouse.

Martinez’s defense to the charges was that although he did drive some of the trucks loaded with marijuana and cocaine, he had no knowledge that the trucks were carrying drugs because he was never present when the trucks were being loaded and unloaded, and because he always kept to himself, never talking to anyone at the warehouse about the business. The jury did not believe this defense and found sufficient evidence to convict Martinez on one count of conspiracy to distribute narcotics.

II. DISCUSSION

Martinez appeals the decision of the jury in this case, as well as certain rulings made by the district court judge, and the sentence that the judge imposed. We will address each argument that Martinez raises on appeal.

A Sufficiency of the Evidence

Martinez first contends that the weight of the evidence does not support the jury’s verdict finding him guilty of conspiracy. As a reviewing court, we must examine the evidence in the light most favorable to the verdict. United States v. Ayala, 887 F.2d 62, 67 (5th Cir.1989). We will affirm a verdict “if a rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt.” Id., quoting U.S. v. Palella, 846 F.2d 977, 981 (5th Cir.), cert. denied, 488 U.S. 863, 109 S.Ct. 162, 102 L.Ed.2d 133 (1988). In this particular case, we will affirm the jury’s determination if there was sufficient evidence for us to conclude that it was not irrational for the jury to have found that the Government proved the elements of the crime charged beyond a reasonable doubt.

*1034 To convict a defendant of conspiracy to distribute narcotics in violation of 21 U.S.C. §§ 841(a)(1) and 846, the Government must prove three elements of the crime beyond a reasonable doubt: 1) that there was an agreement between two or more persons to violate the narcotics laws; 2) that the accused knew of the agreement or conspiracy; and 3) that he voluntarily joined in the conspiracy. United States v. Singer, 970 F.2d 1414, 1418 (5th Cir.1992); United States v. Rodriquez-Mireles, 896 F.2d 890, 892 (5th Cir.1990). The required elements of a narcotics conspiracy need not be proved by direct evidence but may instead be established solely by circumstantial evidence. Ayala, 887 F.2d at 67; United States v. Wright, 797 F.2d 245, 253 (5th Cir.1986).

Martinez contends that, based on the circumstantial evidence that the Government presented at trial, no rational jury could have reasonably inferred either his knowledge of the existence of drugs in the trucks he was driving or his voluntary participation in the conspiracy. Absent adequate proof establishing those two elements of the crime, Martinez correctly argues, the evidence would not support the jury’s verdict finding Martinez guilty of violating Sections 841(a)(1) and 846 of Title 21.

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Cite This Page — Counsel Stack

Bluebook (online)
14 F.3d 1030, 1994 WL 38657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-oscar-martinez-moncivais-ca5-1994.