United States v. Pena-Rodriguez

110 F.3d 1120, 1997 WL 174793
CourtCourt of Appeals for the Fifth Circuit
DecidedApril 11, 1997
Docket95-50077
StatusPublished
Cited by68 cases

This text of 110 F.3d 1120 (United States v. Pena-Rodriguez) 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. Pena-Rodriguez, 110 F.3d 1120, 1997 WL 174793 (5th Cir. 1997).

Opinion

BENAVIDES, Circuit Judge:

This case involves an appeal by eight appellants from convictions for various narcotics offenses related to their roles in an international nareotics-distribution organization. The superseding grand jury indictment charged thirty-two defendants with eight counts and resulted in a three-week trial involving eighteen defendants. At trial, the government called over 100 witnesses and entered more than 800 exhibits into evidence. Each of the appellants was convicted on the first count of the indictment, which alleged a conspiracy to possess with the intent to distribute marijuana and cocaine in violation of 21 U.S.C. §§ 841(a)(1) & 846. In addition, appellants William Hobart Russell and Leonard Gene Lied were convicted of count eight of the indictment, which alleged a conspiracy to launder money in violation of 18 U.S.C. § 1956(a)(1) (A) (I).

The convictions at issue were the result of an investigation by law enforcement agencies that established the existence of a large-scale drug conspiracy. The leaders of the organization were Eduardo Gonzalez-Quirarte (“Gonzalez”) and Avelino Gil-Terrazas (“Gil”). The organization imported marijuana and cocaine into El Paso, Texas, and distributed the narcotics to various states throughout the country, including California, Oklahoma, Indiana, Florida, Colorado, and New Mexico. The organization transported its contraband in pickup trucks, horse trailers, and semi-tractors that contained hidden compartments.

Appellants contest their convictions on various grounds. In addition, a number of the *1123 appellants challenge the district court’s calculation of their sentences under the applicable Sentencing Guidelines. For the reasons that follow, we AFFIRM the judgment of the district court in all respects.

I. Sufficiency of the Evidence

Appellants Leonard Gene Lied, William Hobart Russell, Bob Alan Dickinson, Ruben Gallegos, Maxwell Gene Wallace, and Arturo Pena-Rodriguez argue that there is insufficient evidence to support their convictions for conspiring to possess marijuana or cocaine with the intent to distribute under count one. In addition, Lied and Russell contend that the evidence was insufficient to support their convictions under count eight for conspiring to launder money. In conducting a sufficiency review, we must view the evidence and the inferences therefrom in the light most favorable to the jury’s verdict and determine whether “a rational trier of fact could have found these defendants guilty beyond a reasonable doubt.” United States v. Velgar-Vivero, 8 F.3d 236, 239 (5th Cir.1993), ce rt. denied, 511 U.S. 1096, 114 S.Ct. 1865, 128 L.Ed.2d 486 (1994).

The elements of a drug conspiracy are: “(1) the existence of an agreement between two or more persons to violate narcotics law; (2) the defendant’s knowledge of the agreement; and (3) the defendant’s voluntary participation in the agreement.” United States v. Gonzalez, 76 F.3d 1339, 1346 (5th Cir. 1996). Similarly, a conspiracy to launder money under § 1956(a)(l)(A)(I) requires proof that “(1) there is a conspiratorial agreement, (2) one conspirator knowingly commits an overt act by participating in a financial transaction, (3) the financial transaction involves the proceeds of an unlawful activity, (4) the conspirator participating in the transaction had the intent to promote or further that unlawful activity, and (5) the transaction affected interstate or foreign commerce.” United States v. Fierro, 38 F.3d 761, 768 (5th Cir.1994), cert. denied, — U.S. —, 115 S.Ct. 1431, 131 L.Ed.2d 312 (1995).

This court has recognized that “[a] jury may infer the elements of a conspiracy conviction from circumstantial evidence....” United States v. Leal, 74 F.3d 600, 606 (5th Cir.1996). We have also held that “a guilty verdict may be sustained if supported only by the uncorroborated testimony of a coeon-spirator, even if the witness is interested due to a plea bargain or promise of leniency, unless the testimony is incredible or insubstantial on its face.” United States v. Bermea, 30 F.3d 1539, 1552 (5th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1825, 131 L.Ed.2d 746 (1995). “Testimony is incredible as a matter of law only if it relates to facts that the witness could not possibly have observed or to events which could not have occurred under the laws of nature.” Id.

With these principles in mind, we find that the following evidence presented by the government was sufficient to sustain each of the convictions against the appellants.

A. The Dallas Appellants

The evidence against Lied, Russell, and Dickinson (collectively “the Dallas Appellants”) consisted primarily of the testimony of Felipe Madrid, Jr., a co-conspirator, governmental informant, and owner of United Freight Service (“UFS”), the corporation through which the Dallas Appellants conducted their drug-trafficking activities. Madrid testified that in the summer of 1990 he met with Gonzalez, Gil, and Lied to plan what they were going to do with “the proceeds of marijuana.” According to Madrid, he served as an interpreter and middle man for the drug organization, wherein Gonzalez was the supplier and Lied was Gonzalez’s original distributor in the Dallas area. Madrid testified that this organization began operating in the fall of 1990.

Madrid described the organization’s standard procedure for handling a load of marijuana. The process began when Gonzalez arranged for Madrid to pick up marijuana from various locations in El Paso with his van. Madrid then took the marijuana to a “stash house” located on Dale Douglas Street in El Paso where it was weighed and repackaged in small boxes. The small boxes of marijuana were then placed in the van and transported to a warehouse on Rojas Street in El Paso. At the warehouse, Madrid placed the small boxes of marijuana inside larger boxes, filled the larger boxes with Styrofoam, *1124 and loaded an 18-wheeler with the larger boxes. Madrid then drove the 18-wheeler to one of two warehouses rented by the organization in the Dallas area.

More specifically, Madrid testified that on one occasion Gil gave him a three- to five-pound sample of marijuana that he took to Lied. 1 Madrid also testified that it was standard procedure for him to give a copy of the recorded weights of shipments of marijuana to Lied. Those weights were used to determine how much the particular load of marijuana was worth. In addition, the weights were relevant because Lied paid Madrid for his work at the rate of $15 per pound of marijuana that he hauled. Madrid testified that he had an ongoing discussion with Lied regarding the delivery of money to Gonzalez for marijuana. On at least a few occasions, Lied gave Madrid drug money that he subsequently delivered to Gonzalez.

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Cite This Page — Counsel Stack

Bluebook (online)
110 F.3d 1120, 1997 WL 174793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-pena-rodriguez-ca5-1997.