United States v. Parada-Talamantes

32 F.3d 168, 1994 WL 470652
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 1, 1994
Docket93-08539
StatusPublished
Cited by15 cases

This text of 32 F.3d 168 (United States v. Parada-Talamantes) 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. Parada-Talamantes, 32 F.3d 168, 1994 WL 470652 (5th Cir. 1994).

Opinion

ROBERT M. PARKER, Circuit Judge:

Defendant-Appellant Rogelio Parada-Ta-lamantes (“Parada”) was convicted by a jury of importing and possessing marihuana, and conspiring to import and possess it, in violation of 21 U.S.C. §§ 841(a)(1), 846, 952(a), 960(a)(1) and 963. Parada appeals his conviction on the grounds that the evidence was insufficient to prove he had knowledge or possession of the marijuana hidden inside the side panels of the van, and that the introduction of inadmissible and highly prejudicial evidence that Co-defendant Huriel Ramirez (“Ramirez”) purchased the van from Parada’s brother led to a finding of “guilt by association.” We REVERSE.

FACTS AND PROCEDURAL HISTORY

On April 12, 1993, Parada approached the port of entry in Del Rio, Texas in a taxi cab. According to the Customs Agent, Parada appeared nervous. His responses to questions were quick and evasive. A secondary inspection of the luggage Parada carried with him did not contain contraband. However, believing he might be involved in something illegal, the Customs Service decided to follow Parada into Del Rio.

About a mile from the port of entry, Para-da got out of the cab and got into a van owned by Ramirez. The van drove to another location where a woman and at least one child entered the van. The van next proceeded to a grocery store parking lot, but no one exited the van. Then the van drove to another grocery store, parking in front of the public phones. Two men exited the van. They took turns entering the store and using the phones. Both men then looked under the wheels and hood of the van.

The two men got back into the van and drove to a fast food restaurant. The van pulled into the parking lot and drove through the drive-thru lane. After the van left the restaurant, it was stopped by a Department of Public Safety officer. The officer was joined by several Customs Agents. The driver of the van identified himself as Ramirez. Parada was in the passenger seat. Also in the van were Parada’s wife and four children.

Ramirez consented to a search of the van. After a cursory search was conducted of the interior of the van, the agents requested that a drug detection dog be brought to the scene. The dog alerted to the area in front of the right rear tire of the van. Ramirez and Parada were arrested. The van was taken to the port of entry where agents found 114.6 pounds of marijuana secreted in false compartments in the walls on both the driver’s and passenger’s side of the van.

Parada and Ramirez were tried together before a jury. A jury found Parada guilty of marijuana conspiracy, importation, and possession charges in violation of 21 U.S.C. §§ 841(a)(1), 846, 952(a), 960(a)(1) and 963. He was sentenced to 33 months in prison, three years of supervised release and $200.00 in mandatory special assessments.

GUILT BY ASSOCIATION

Parada contends that the district court erred by admitting evidence against him that Parada’s brother, Carlos Parada, sold the van used to smuggle the marijuana to Ramirez. He argues that the fact that Carlos Parada sold the van containing hidden compartments for smuggling marijuana to Ramirez bore no logical relationship to any issue in controversy at Parada’s trial. Because no reasonable inferences could be *170 drawn from this evidence by a reasonable juror, the evidence is not relevant. Moreover, the admission of the evidence was improper and highly prejudicial because the Government used it to try and establish Par-ada’s guilt by showing he was related to a guilty person. See United States v. Singleterry, 646 F.2d 1014, 1018-20 (5th Cir.1981), cert. denied, 459 U.S. 1021, 103 S.Ct. 387, 74 L.Ed.2d 518 (1982). Because evidence of “guilt by association” is typically highly prejudicial, it should be excluded. See United States v. McAfee, 8 F.3d 1010, 1017 (5th Cir.1993).

We will reverse a district court’s rulings on the admissibility of evidence only on finding an abuse of discretion. United States v. Liu, 960 F.2d 449, 452 (5th Cir.), cert. denied, — U.S. -, 113 S.Ct. 418, 121 L.Ed.2d 341 (1992). “Evidence in criminal trials must be ‘strictly relevant to the particular offense charged.’ ” United States v. Anderson, 933 F.2d 1261, 1267-68 (5th Cir.1991) (quoting Williams v. New York, 337 U.S. 241, 247, 69 S.Ct. 1079, 1083, 93 L.Ed. 1337 (1949)).

This Court has previously established and upheld the rule that a defendant’s guilt may not be proven by showing that he is related to an “unsavory” person. Singleterry, 646 F.2d at 1014. In Singleterry, this Court held that an attempt to show guilt by association was “plain error.” Id. at 1018. We have no doubt that the Government’s introduction of evidence regarding Carlos Parada’s connection with Ramirez’s van and his familial relation with Parada “was a highly prejudicial attempt to taint defendant’s character through ‘guilt by association.’ ” United States v. Romo, 669 F.2d 285 (5th Cir.1982) (quoting United States v. Labarbera, 581 F.2d 107, 109 (5th Cir.1978)). Certainly, the fact that the man who sold the van to Ramirez was also Parada’s brother had no relevance with regard to the offenses charged against Parada. Even less relevant was the evidence regarding Carlos Parada’s alleged involvement in marihuana smuggling, especially in light of the fact that Carlos Parada was not charged in this case.

Parada objected to the introduction of the evidence regarding the sale of the van from Carlos Parada to Ramirez at the time it was offered. The district court overruled his objection.

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Bluebook (online)
32 F.3d 168, 1994 WL 470652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-parada-talamantes-ca5-1994.