United States v. Salazar

212 F. App'x 315
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 4, 2007
Docket05-50951
StatusUnpublished

This text of 212 F. App'x 315 (United States v. Salazar) 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. Salazar, 212 F. App'x 315 (5th Cir. 2007).

Opinion

PER CURIAM: *

Defendant Daniel P. Salazar (“Salazar”) was charged in a two-count indictment with knowingly importing less than fifty kilograms of marijuana in violation of 21 U.S.C. §§ 952 and 960 and knowingly possessing less than fifty kilograms of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). A jury convicted Salazar on both counts. He was sentenced to thirty months’ imprisonment on each count, to run concurrently, and three years’ supervised release. He appeals his conviction and sentence, arguing that (1) the criminal proceeding was void because the grand jury foreperson did not sign the indictment; (2) the evidence was insufficient to establish the requisite knowledge that he was importing or possessing drugs; and (3) he was entitled to a partial acquittal regarding the drugs found inside two ice chests. For the following reasons, we affirm Salazar’s conviction and sentence.

I.

On February 17, 2005, a U.S. Customs and Border Protection agent stopped a Dodge van towing a trailer that was attempting to enter the United States via the Presidio, Texas port of entry. The agent recognized the man in the passenger seat of the van as Daniel Salazar, a commercial carrier of people and goods who had previously attempted to import goods for third parties without properly declaring them. The agent directed the van to a secondary lane for a routine examination; a search of the van and trailer, which both belonged to Salazar, ensued. Salazar does not contest the legality of the search.

*317 The search of the trailer revealed a large decorative wagon wheel with oddly shaped spokes that was wrapped in what the agent later described as “excessive” packaging. The agent asked Salazar to whom the wheel belonged, and Salazar responded that it was his; however, when the agent asked if he could drill a hole in the wheel, Salazar began “fidgeting” and then changed his story and said the wheel belonged to a friend. Another agent described Salazar as “hesitant,” but not “nervous” or “agitated.” Marijuana was discovered inside the hollow spokes of the wheel. Marijuana was also discovered in the lining of two ice chests stowed in the van. Salazar never claimed ownership of the two ice chests. Salazar stipulated at trial that the marijuana found in the wheel and the ice chests weighed 58.2 pounds or 26.45 kilograms.

After the marijuana was discovered, customs agents detained Salazar and read him his rights. He waived his right to remain silent and responded to questioning. Salazar told the customs agents that he was transporting the wheel and the ice chests to a man named Daniel Reyez; however, when the agents asked for Mr. Reyez’s contact information, Salazar responded that he did not have contact information for Mr. Reyez and that Mr. Reyez would contact him to pick up his goods. The agents also questioned Salazar about undated logs found in the van and on Salazar’s person that listed various items transported and the names of their respective recipients. The wagon wheel did not appear on the list Salazar claimed he prepared for the February 17th trip, and the only list that mentioned a wagon wheel indicated that the wheel was going to “Modesta Gonzalez.” Salazar told the agents that items designated for “Modesta Gonzalez,” “Pedro Perez,” and “Daniel Reyez” were all for Mr. Reyez.

Salazar was indicted on March 8, 2005 in a two-count indictment for knowingly importing less than fifty kilograms of marijuana in violation of 21 U.S.C. §§ 952 and 960 and knowingly possessing less than ■fifty kilograms of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). A jury trial was held on April 20, 2005. The Government presented three witnesses, two customs agents and a special agent with Immigration and Customs Enforcement, all of whom testified to the events that occurred on February 17, 2005. The defense moved for acquittal at the close of the Government’s evidence. That motion was denied. The defense then presented three of its own witnesses, Salazar’s brother-in-law and two of his nephews. Salazar also testified on his own behalf. After the defense rested, it renewed its request for a judgment of acquittal. That motion was also denied. The jury found Salazar guilty on both counts and he was sentenced to thirty months’ imprisonment on each count, to run concurrently, and three years’ supervised release. He appeals his conviction and sentence.

II.

A.

In his first point of error, Salazar argues that the entire criminal proceeding below was void because the grand jury foreperson did not sign the indictment. Although the copy of the indictment in the record is unsigned, the record indicates that a signed copy of the indictment was sealed by the district court pursuant to the E-Government Act of 2002. We have received a signed copy of the indictment from the district court, and we are satisfied that Salazar is not entitled to relief on this ground.

*318 B.

In his second point of error, Salazar argues that the evidence was insufficient to establish the requisite knowledge that he was importing or possessing drugs. Salazar moved for acquittal at the close of the Government’s case and at the close of the evidence. Accordingly, “we decide whether the evidence is sufficient by viewing the evidence and the inferences that may be drawn from it in the light most favorable to the verdict and determining whether a rational jury could have found the essential elements of the offenses beyond a reasonable doubt.” United States v. Arnold, 467 F.3d 880, 883 (5th Cir.2006) (internal quotation marks omitted).

Both of Salazar’s offenses, importation and possession, require guilty knowledge as an element. See United States v. Martinez-Lugo, 411 F.3d 597, 599 & n. 1 (5th Cir.), cert. denied, — U.S. -, 126 S.Ct. 464, 163 L.Ed.2d 352 (2005). Guilty knowledge may sometimes be inferred where a defendant controls a vehicle containing contraband; however, where the contraband is concealed, additional circumstantial evidence that is suspicious in nature or that demonstrates guilty knowledge is required. United States v. Cano-Guel, 167 F.3d 900, 904 (5th Cir.1999). “This requirement stems from the recognition that, in hidden compartment cases, there ‘is at least a fair assumption that a third party might have concealed the controlled substances in the vehicle with the intent to use the unwitting defendant as the carrier in a smuggling enterprise.’ ” Id. at 904-05 (quoting

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. McCarty
36 F.3d 1349 (Fifth Circuit, 1994)
United States v. Cano-Guel
167 F.3d 900 (Fifth Circuit, 1999)
United States v. Jones
185 F.3d 459 (Fifth Circuit, 1999)
United States v. Villasenor
236 F.3d 220 (Fifth Circuit, 2000)
United States v. Martinez-Lugo
411 F.3d 597 (Fifth Circuit, 2005)
United States v. Roel
193 F. App'x 309 (Fifth Circuit, 2006)
United States v. Alberto Anchondo-Sandoval
910 F.2d 1234 (Fifth Circuit, 1990)
United States v. Jose Angel Diaz-Carreon
915 F.2d 951 (Fifth Circuit, 1990)
United States v. Arnold
467 F.3d 880 (Fifth Circuit, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
212 F. App'x 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-salazar-ca5-2007.