United States v. Tiangco

225 F. Supp. 3d 274, 2016 U.S. Dist. LEXIS 167327, 2016 WL 7104841
CourtDistrict Court, D. New Jersey
DecidedDecember 5, 2016
DocketCrim. No. 15-567 (KM)
StatusPublished
Cited by4 cases

This text of 225 F. Supp. 3d 274 (United States v. Tiangco) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Tiangco, 225 F. Supp. 3d 274, 2016 U.S. Dist. LEXIS 167327, 2016 WL 7104841 (D.N.J. 2016).

Opinion

OPINION

KEVIN MCNULTY, United States District Judge

This matter comes before the Court on the post-trial motion of defendant Margaret Tiangco for a judgment of acquittal, pursuant to Fed. R. Crim. P. 29(c), or in the alternative for a new trial, pursuant to Fed. R. Crim. P. 33. (ECF no. 180) I have considered the proffered grounds separately and in combination. For the reasons [278]*278expressed herein, the motion will be denied.

I. Procedural Background

On October 29, 2014, the defendant, Margaret Tiangco, a/k/a “Greta,” was arrested on a criminal complaint that charged her and eleven codefendants with a single count of conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 846. (ECF nos. 1, 86) On November 2, 2015, Ms. Tiangco was charged in a two-count indictment. (ECF no. 132) Count 1 charged that “[f]rom in or about January 2013 through in or about July 2014” Ms. Tiangco was part of a conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 846. Count 2 charged that, on April 29,2014, Ms. Tiangco distributed and possessed with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a) and (b)(1)(A).

Ms. Tiangco moved to dismiss Count 1 because the unexcluded time between arrest on the complaint and the filing of the indictment added up to 36 days, in excess of the 30 day limit imposed by the Speedy Trial Act, 18 U.S.C. § 3161(b).1 On April 13, 2016, I granted the motion for reasons expressed on the record, and dismissed Count 1 without prejudice (ECF no. 148)

On April 25, 2016, the grand jury returned a Superseding Indictment. (ECF no. 150) It was identical to the original Indictment, except that the time frame of the Count 1 conspiracy had been expanded greatly, from 2013-14 to “[fjrom in or about 2004 through in or about July 2014.”

Ms. Tiangco, represented by Paulette L. Pitt, Esq., went to trial. Trial occupied six days from July 5 through 12, 2016. On July 12, 2016, the jury entered a verdict of guilty on both counts of the Superseding Indictment. (ECF no. 176) In answers to special interrogatories, the jury found that each count involved 50 grams or more of methamphetamine, as charged. (ECF no. 178)

On July 25, 2016, Ms. Tiangco filed a motion for judgment of acquittal, under Fed. R. Crim. P. 29(c), or in the alternative for a new trial, under Fed. R. Crim. P. 33. (ECF no. 180)2 Ms. Tiangco has submitted a brief (“Tiangco Br.”, ECF no. 183); the government has submitted a response (“Gov’t Br.”, ECF no. 185); and Ms. Ti-angco has submitted a reply (“Tiangco Reply Br ”, ECF no. 186).

II. Standards Under Rules 29 and 33

Under Rule 29, a defendant who asserts that there was insufficient evidence to sustain a conviction shoulders “a very [279]*279heavy burden.” United States v. Anderson, 108 F.3d 478, 481 (3d Cir. 1997) (quoting United States v. Coyle, 63 F.3d 1239, 1243 (3d Cir. 1995)). The court cannot substitute its judgment for that of the jury. Hence it must view the evidence, and all reasonable inferences therefrom, in the light most favorable to the prosecution, resolving all credibility issues in the prosecution’s favor. United States v. Hart, 273 F.3d 363, 371 (3d Cir. 2001); United States v. Scanzello, 832 F.2d 18, 21 (3d Cir. 1987). Having done so, the court must uphold the conviction if “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (emphasis in original). Accord United States v. Caraballo-Rodriguez, 726 F.3d 418, 430-31 (3d Cir. 2013) (en banc) (reaffirming principle and reversing a line of drug conspiracy cases that seemingly undermined it); United States v. Silveus, 542 F.3d 993, 1002 (3d Cir. 2008) (issue for trial or appellate court is “whether any rational trier of fact could have found proof of guilt beyond a reasonable doubt based on the available evidence”); United States v. Smith, 294 F.3d 473, 476 (3d Cir. 2002).

The standard under Rule 33 is more general; a court “may vacate any judgment and grant a new trial if the interest of justice so requires.” Fed. R. Crim. P. 33. When a defendant seeks a new trial claiming that the verdict was against the weight of the evidence, the court’s review is less restricted than it is under Rule 29. “However, even if a district court believes that the jury verdict is contrary to the weight of the evidence, it can order a new trial ‘only if it believes that there is a serious danger that a miscarriage of justice has occurred—that is, that an innocent person has been convicted.’” United States v. Silveus, 542 F.3d at 1004-05 (quoting United States v. Johnson, 302 F.3d 139, 150 (3d Cir. 2002)). “Such motions are not favored and should be ‘granted sparingly and only in exceptional cases.’ ” Id. at 1005 (quoting Gov’t of Virgin Islands v. Derricks, 810 F.2d 50, 55 (3d Cir. 1987) (citations omitted)). A Rule 33 motion may also be based on an alleged error or combination of errors at trial. Borrowing the appellate concept of harmless error, district courts have held that a new trial will be ordered when it is “reasonably possible that such error, or combination of errors, substantially influenced the jury’s decision.” United States v. Crim, 561 F.Supp.2d 530, 533 (E.D. Pa. 2008) (citing U.S. v. Copple, 24 F.3d 535, 547 n. 17 (3d Cir. 1994)), aff'd, 451 Fed.Appx. 196 (3d Cir. 2011); accord United States v. Bryant, Crim. No. 07-267, 2009 WL 1559796 at *6 (D.N.J. May 28, 2009). I remain cognizant, however, that the Rule 33 standard is both discretionary (“may”) and flexible (“interest of justice”).

III. Discussion

Because the grounds for the motion are focused and particular, I dispense with an overall statement of the evidence at trial. Suffice it to say that it was persuasive and overwhelming. Ms.

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Bluebook (online)
225 F. Supp. 3d 274, 2016 U.S. Dist. LEXIS 167327, 2016 WL 7104841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-tiangco-njd-2016.