United States v. Santos

541 F.3d 63, 2008 U.S. App. LEXIS 18724, 2008 WL 4007467
CourtCourt of Appeals for the Second Circuit
DecidedSeptember 2, 2008
DocketDocket 06-0833-cr
StatusPublished
Cited by115 cases

This text of 541 F.3d 63 (United States v. Santos) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second 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. Santos, 541 F.3d 63, 2008 U.S. App. LEXIS 18724, 2008 WL 4007467 (2d Cir. 2008).

Opinion

SACK, Circuit Judge:

Defendant Manuel Santos was convicted, following a jury trial in the United States District Court for the Eastern District of New York (David G. Trager, Judge), of the murders of Wilber Garces and Edgardo Bryan while engaging in a drug 'offense punishable under 21 U.S.C. § 841(b)(1)(A), in violation of 21 U.S.C. § 848(e)(1)(A), and for possession and discharge of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(l)(A)(iii). He was sentenced principally to two concurrent terms of life imprisonment and a consecutive term of imprisonment of ten years.

On appeal, Santos raises questions of statutory interpretation, and a related challenge to the sufficiency of the evidence pertaining to his drug-related murder conviction under section 848(e)(1)(A). We are asked to determine: (1) whether section 848(e)(1)(A) requires the government to prove that the defendant was, at the time of the murder, “actively engaged in drug dealing,” Appellant’s Br. 39; (2) what type of nexus the statute requires between a murder and a drug offense; and, in light of our answers to those questions, (3) whether the evidence adduced at Santos’s trial was sufficient to support his conviction.

We conclude that (1) because some drug conspiracies in violation of 21 U.S.C. § 846 are “punishable under” section 841(b)(1)(A),. criminal liability under section 848(e)(1)(A) requires no active involvement in drug distribution; (2) the nexus between a murder and a drug offense need not be more than the “substantive connection” described in United States v. Desinor, 525 F.3d 193, 202 (2d Cir.2008); and (3) the evidence adduced at trial that Santos killed Garces and Bryan while engaging in a drug offense punishable under 21 U.S.C. § 841(b)(1)(A) was sufficient for a jury to convict him under 21 U.S.C. § 848(e)(1)(A). We therefore affirm.

BACKGROUND

In setting forth the factual background of this appeal, we view the evidence in the light most .favorable to the government, and insofar as we draw inferences, we draw them in the government’s favor. See United States v. Morgan, 385 F.3d 196, 198 (2d Cir.2004).

Santos’s involvement in the murders of thirty-year-old Wilber Garces and fourteen-year-old Edgardo Bryan arose from his acquaintance with Carlos Medina. Medina was a cooperating witness whose testimony was central to the government’s case at trial. Medina worked for German Dario Polanco, a Colombian drug boss who sold large quantities of cocaine and marijuana. As Polanco’s “enforcer,” Medina collected drug debts and committed acts of violence on Polanco’s behalf.

*66 In September 2000, Polanco instructed Medina to hire some men to kill “Ronnie” and “El Raneo,” two men Polanco blamed for stealing $316,000 in cocaine proceeds from him in 1998. Medina, in turn, hired Alex Core to commit the murders, and Core subsequently enlisted Santos in the effort.

Medina and Santos first met on the morning of the murders, September 26, 2000. According to the testimony of Medina — the cooperating witness — Santos “wanted to know everything.” Trial Tr. 322, United States v. Santos, No. 01-cr-537 (E.D.N.Y. Nov. 9, 2004). Santos first asked about the “job.” Id. at 321. Medina explained that Polanco, whom Medina referred to as his “uncle,” was a “traquete-ro” — which he said was a “Caribbean” word for a well-connected, heavy-selling drug dealer — who wanted two men killed for robbing him of $316,000. 1 Id. at 321-22. Santos then asked Medina the price at which he and his “uncle” sold “the kilos” of cocaine, and how much he would be paid for the killings. Id. at 322. Medina told Santos that he and Core had agreed to “$7,500 per head.” Id. The trio drove to a parking lot on 102nd Street in Queens so that Medina and Core could point out Ronnie’s house to Santos. Santos said, “These motherfuckers are dead with me today.” Id. at 339.

That evening, Santos, Medina, and Core returned to the parking lot across from Ronnie’s house and waited. Two people exited the house, got into a car in the same parking lot where the trio was waiting, and began to back the car out. Santos maneuvered his vehicle to block its exit. He and Core jumped out and opened fire. Garces and Bryan were killed.

The killings were a mistake. Neither Garces nor Bryan had been Polanco’s intended target.

Santos was indicted for the murders. The indictment charged that Santos,

while engaging in an offense punishable under Section 841(b)(1)(A) of Title 21 of the United States Code, to wit: conspiring to distribute five kilograms or more of a substance containing cocaine, a Schedule II controlled substance, in violation of Section 846 of Title 21, United States Code, did knowingly and intentionally kill, counsel, command, induce, procure and cause the intentional killings of Wilber Garces [and Edgardo Bryan], and such killing[s] did result.

Indictment 1-2, United States v. Santos, No. 01-cr-537 (E.D.N.Y. May 18, 2001) (charging violations of 21 U.S.C. § 848(e)(1)(A)). 2

At Santos’s trial, the district court instructed the jury on three elements the government was required to prove beyond a reasonable doubt to convict Santos: (1) that he engaged in a conspiracy to distribute five or more kilograms of cocaine; (2) while engaging in the conspiracy, he knowingly and intentionally killed Garces (Count 1) or Bryan (Count 2) or both; and (3) the killings actually resulted from his actions. The court also instructed the jury on the elements of conspiracy, noting that “[t]here are various roles members can play in a drug conspiracy,” including “collecting money owed” and “enforcing drug debts.” Trial Tr. 904, United States v. Santos, No. 01-cr-537 (E.D.N.Y. Nov. 19, *67 2004). And the court instructed the jury that, for a conviction, “the defendant’s participation in the killing must be related to the drug conspiracy” and that this condition would be satisfied if there was a “meaningful connection between the defendant’s role in the killing and his participation in the drug conspiracy.” Id. at 908.

Santos was convicted. He appeals.

DISCUSSION

I. Statutory Interpretation

Santos was convicted of violating 21 U.S.C.

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Cite This Page — Counsel Stack

Bluebook (online)
541 F.3d 63, 2008 U.S. App. LEXIS 18724, 2008 WL 4007467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-santos-ca2-2008.