United States v. Rodrigo MacIas

387 F.3d 509, 2004 U.S. App. LEXIS 22251, 2004 WL 2382143
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 26, 2004
Docket03-5226
StatusPublished
Cited by14 cases

This text of 387 F.3d 509 (United States v. Rodrigo MacIas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Rodrigo MacIas, 387 F.3d 509, 2004 U.S. App. LEXIS 22251, 2004 WL 2382143 (6th Cir. 2004).

Opinions

CLAY, J., delivered the opinion of the court, in which KEITH, J., joined. GIBBONS, J. (p. 522), delivered a separate concurring opinion.

OPINION

CLAY, Circuit Judge.

Defendant Rodrigo Macias appeals his convictions for conspiracy to possess with intent to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1), and attempting to possess with intent to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Macias argues that the district court abused its discretion when it denied his motion for a mistrial based on the alleged violation of his right of confrontation that occurred when an inculpatory statement of a non-testifying co-conspirator was introduced at trial. For the reasons that follow, we REVERSE Macias’ convictions and REMAND for a new trial.

I.

A. Substantive Facts

On March 20, 2000, officers with the Louisville and Jefferson County Metro Narcotics Task Force received information that a Hispanic male from California was registered as a guest at a Red Roof Inn in Louisville, Kentucky and was involved in “suspicious activity.” Later that same day, Metro Narcotics Detectives went to the Red Roof Inn and knocked on the door to Room 337, where the suspect was reportedly staying. A Hispanic male, later identified as Leonel Amar, answered the door. The detectives identified themselves and explained the nature of their visit. They requested and received permission to enter the room. They asked whether there were any illegal drugs in the room, and Amar said that there were not. Amar further stated that he was the only person staying in the room. When the detectives asked if they could search the room for illegal drugs, Amar responded, ‘Yeah — I just came to visit my cousin.”

The detectives noticed that Amar was standing in front of a chest of drawers and began to move toward it. Amar moved out of the way and, as one of the detectives opened a drawer, but before the contents became visible, Amar stated, “They didn’t clean very well — that’s not mine!” Inside the drawer, the detectives found a plastic bag containing several suspected cocaine “pellets” (approximately 650 grams), a digital scale, a plastic Ziploc-brand bag containing powdered laundry detergent, and a Ziploc bag containing latex gloves. Subsequent laboratory analysis confirmed that the pellets were cocaine hydrochloride, with a net weight of 633.4 grams at 65% purity.

At that point, the detectives placed Amar under arrest and advised him of his Miranda rights. After acknowledging [512]*512that he understood Ms rights, he volunteered that he was waiting for someone to pick up the cocaine. During questioning, he stated that a Hispanic male known to him only as “Jose” was the source. Amar said that he had met Jose in Louisville during a previous visit in December, 1999, doing construction work. He said that Jose employed a friend of his known as “Manuel” in an illegal drug transaction, and he recalled that he had recently seen Jose in Mexico City, during which time Jose had asked him to come to Louisville to assist in illegal drug activity. Amar added that Jose had purchased an airline ticket from Mexico to Louisville for him and subsequently picked him up at the airport when he arrived in Louisville and drove him to the Red Roof Inn. Anar stated that Jose gave him the plastic bag containing the cocaine, along with other items and $100 in U.S. currency to rent the room. He added that Jose had told him to secure the bag in the room and would call him before sending someone over to retrieve the bag.

While the detectives were questioning Amar, there was a knock at the door. When the detectives opened the door, Defendant Macias and Frederico Lopez were standing outside. Lopez was holding a box of food. Upon seeing the detectives, Lopez began to walk away, but was directed to stop due to the ongoing criminal investigation. Macias remained in the doorway.

Macias initially told one of the detectives that he had come to the motel to visit the lounge. Ater another detective reported that the motel has no lounge, Macias changed his story and said that he had come to bring food to Amar, whom he reportedly had met in Mexico. The first detective to speak with Macias interrogated him in English for about a minute, and Macias responded to the detective’s questions in fluent English. When this detective started asMng Macias about the drugs that were seized in the motel room, Macias indicated that he no longer spoke English, even though Macias was born in Los Ange-les, California, was educated in the California public school system, and resided in Los Angeles. Macias was then read his Miranda rights, and a detective fluent in Spanish was summoned to question him.

During questioning, Macias acknowledged that Amar had called him to the room and told him to bring the laundry detergent and gloves. Macias said that he had met Amar once in Mexico, and besides Amar calling him to deliver food, that was the extent of their association. Macias consented to a search of his residence at 1216 Quest Drive, Apartment 3.

Macias had two cellular telephones with him and told the detectives that one of the phones belonged to a man known as “Lupe” or “Guadalupe,” for whom he worked on a construction crew. He provided a description of Lupe that was similar to Amar’s description of the “Jose,” who allegedly was the source of the cocaine found in the motel room. He also had $2,399 in cash on him, and maintained that this money was from the sale of his car to Austin Torres. Torres, however, actually had acquired title to the car five weeks earlier.

During the course of the investigation, the detectives searched a car at the motel. Macias’ companion, Frederico Lopez, initially claimed that the car was his and gave consent to search. It was later shown that the car was registered to Macias. The detectives discovered two Western Union receipts identifying the sender as Amar with the address of 2601 Buechel Bank Road. In the trunk, the detectives found laundry detergent in a Ziploc bag [513]*513and rubber gloves.1

Later, during the evening, detectives searched Macias’ apartment and found several Ziploc bags in the kitchen area that matched the bags found in Amar’s motel room, along with an empty box of powdered laundry detergent, a set of digital scales, and two other sets of scales. Inside a bedroom, they located ledgers consistent with those found in the possession of drug traffickers, showing names of individuals and money amounts totaling over $100,000. Detectives also found inside the residence a telephone bill that Macias maintained was his. It was later determined that the telephone was registered to Amar. They also found a map detailing the location of the Red Roof Inn on Preston Highway and a copy of an American Airlines electronic ticket issued to Amar for a round-trip flight from Mexico City to Louisville on January 18, 2000, with a return flight to Mexico City on January 21, 2000.

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387 F.3d 509 (Sixth Circuit, 2004)

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Bluebook (online)
387 F.3d 509, 2004 U.S. App. LEXIS 22251, 2004 WL 2382143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rodrigo-macias-ca6-2004.