United States v. Oscar Varela Garcia

533 F. App'x 967
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 18, 2013
Docket11-15104
StatusUnpublished
Cited by2 cases

This text of 533 F. App'x 967 (United States v. Oscar Varela Garcia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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 Varela Garcia, 533 F. App'x 967 (11th Cir. 2013).

Opinion

PER CURIAM:

After a jury trial, defendant Oscar Vare-la Garcia appeals, on sufficiency of the evidence grounds, his convictions for seven federal offenses. Garcia’s convictions stemmed from his work as a high-ranking official in a Colombian drug trafficking organization. The government cross-appeals Garcia’s total sentence, which was based on a downward variance, of 280 months as substantively unreasonable. After careful review, and with the benefit of oral argument, we affirm Garcia’s convictions and sentences.

We begin by setting forth the case’s procedural history up until the guilty verdicts. Afterwards, we recount the trial evidence, since Garcia’s challenges pertain to the sufficiency of the evidence presented against him. We then address Garcia’s appeals, explaining why, viewing the evidence in the light most favorable to the government, there was more than enough evidence for a reasonable jury to find Garcia guilty of the seven charged offenses. Afterwards, we turn to the government’s cross-appeal. We describe in full the pre-sentence investigation report (“PSI”), the sentencing hearing, and the downward variance. We explain why in light of the significant discretion we must give to a district court in the sentencing context, we cannot say that Garcia’s sentence was substantively unreasonable.

I. PROCEDURAL HISTORY

A. Indictment

A federal grand jury in the Southern District of Florida returned a sixth superseding indictment (the “indictment”) against five defendants: Diego Montoya Sanchez, Eugenio Montoya Sanchez, Garcia (the defendant in this appeal), and two others (Herrera and Perea).

The indictment charged defendant Garcia with seven offenses: (1) conspiracy to import five kilograms or more of cocaine into the United States, in violation of 21 U.S.C. §§ 960(b)(1)(B) and 968 (“count one”); (2) conspiracy to possess with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. §§ 841(b)(1)(A)(ii) and 846 (“count two”); (3) conspiracy to launder monetary instruments, in violation of 18 U.S.C. §§ 1956(a)(1) (B) (i) and 1956(h) (“count three”); (4) conspiracy to obstruct justice, in violation of 18 U.S.C. §§ 1508 and 371 (“count nine”); (5) obstruction of justice by torturing and murdering a government witness in a pending federal prosecution, in violation of 18 U.S.C. §§ 1503(a), 1503(b)(1), 1111, and 2 (“count ten”); (6) conspiracy to commit murder as retaliation for providing information to a law enforcement officer, in violation of 18 U.S.C. §§ 1513(a)(1)(B), 1513(a)(2)(A), and 1111 (“count eleven”); and (7) murder in retaliation for providing information to a law enforcement officer, in violation of 18 U.S.C. §§ 1513(a)(1)(B), 1513(a)(2)(A), 1111, and 2 (“count twelve”).

*970 B. Plea and Trial Rule 29 Motion

Garcia pleaded not guilty to all counts and proceeded to trial. Meanwhile, each of his co-defendants pleaded guilty to some of the counts in the indictment. After-wards, the district court held a seventeen-day jury trial in Garcia’s case.

At the close of the government’s case, Garcia made a motion for a judgment of acquittal under Rule 29(a) of the Federal Rules of Criminal Procedure as to each count. The district court denied the motion as to each count except for count ten, the obstruction of justice by murder offense. As to that count, it reserved ruling. 1

B. Jury Verdict

Subsequently, the jury found Garcia guilty as to each count. At sentencing, the district court denied Garcia’s pending Rule 29 motion as to count ten.

II. TRIAL EVIDENCE ABOUT THE MONTOYA ORGANIZATION AND DEFENDANT GARCIA’S ROLE IN IT

Because defendant Garcia challenges his convictions on sufficiency of the evidence grounds, we set forth in full the overwhelming evidence presented at trial.

A. The Montoya Drug Trafficking Organization

The trial evidence established that Garcia was a high-level official of a Colombian cocaine trafficking organization led by his co-defendant, Diego Montoya Sanchez (“Diego”). 2

Beginning by not later than 1986, Diego began selling cocaine that he produced at a coffee plantation near Cali, Colombia. He soon formed an organization to grow, process, and ship cocaine to Mexico (the “Montoya organization”). From Mexico, a middle man smuggled the drugs into the United States.

Diego received assistance in this operation from his brothers, co-defendant Eugenio Montoya Sanchez (“Eugenio”) and Juan Carlos Montoya Sanchez (“Juan Carlos”). Diego was the head of the organization, Eugenio oversaw the group’s finances, and Juan Carlos was responsible for the cocaine shipments. The organization also employed approximately 80 workers in its cocaine laboratories.

The Montoya organization was able to produce vast amounts of cocaine. A former lab worker testified that, at their peak, the organization’s laboratories produced approximately 1,500 kilograms of cocaine in a single day.

Sometime around 1995, the Montoya organization stopped producing its own cocaine and began purchasing already processed cocaine and shipping the drugs to Mexico via boats. This business proved to be very lucrative. The Montoya organization shipped to Mexico about one or two boatloads per month of between 2,500 and 3,000 kilograms of cocaine. The organization received profits ranging from $7.5 million to $9.9 million per boatload.

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Bluebook (online)
533 F. App'x 967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-oscar-varela-garcia-ca11-2013.