United States v. Travis Ybarra

700 F. App'x 543
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 27, 2017
Docket16-3239
StatusUnpublished
Cited by3 cases

This text of 700 F. App'x 543 (United States v. Travis Ybarra) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Travis Ybarra, 700 F. App'x 543 (8th Cir. 2017).

Opinion

PER CURIAM.

Travis Ybarra was involved in the distribution of methamphetamine in the Kansas City, Missouri area. He was charged along with sixteen codefendants with conspiracy to distribute a controlled substance in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846, and conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(a)(1)(A)®, (h). A jury convicted *544 him of both counts, and he was sentenced to 360 months imprisonment. Ybarra appeals, arguing that the- district court 1 should have declared a mistrial after a government witness offered unsolicited testimony that Ybarra had killed someone and that his Sixth Amendment right to confront witnesses was violated by the denial of his request to recall a government witness for impeachment. We affirm.

I.

In July 2011 officers in the Kansas City, Missouri area began investigating a methamphetamine distribution ring which they came to believe was led by Ybarra. After months of investigation, Ybarra and sixteen codefendants were charged in a twelve count superseding indictment. Ybarra was only charged with the first two counts—conspiracy to distribute 500 grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846, and .conspiracy to commit money laundering in violation of 18 U.S.C. § 1966(a)(l)(A)(i), (h).

Ybarra was tried before a jury. Officers involved in the investigation testified for the government about controlled drug purchases they made from coconspirators and their discovery of identical money counters in the homes of three codefendants, including Ybarra. The government also introduced recordings of telephone calls between Ybarra and other coconspirators in which he was apparently discussing the distribution of drugs.

Five of Ybarra’s codefendants who had pled guilty, testified for the government and implicated him in the conspiracy. One of these codefendants, Kevin Weiss, testified that he had known Ybarra as “Hood-Nutt.” The prosecutor asked Weiss how he had learned that the name HoodNutt referred to Ybarra, and Weiss replied that another codefendant had told him that “HoodNutt was the guy that killed his cousin.” The court interrupted the testimony immediately after this comment. At a bench conference Ybarra’s counsel moved for a mistrial, and the judge and prosecutor both mistakenly stated that Weiss had said that “he” (not “HoodNutt”) was the man who killed the codefendant’s cousin. The court denied the motion for a mistrial and issued a curative instruction, telling the jury that “the last response from this witness is hereby stricken” and “not to consider that in any way during your deliberations.” A short while later, the court held another bench conference with the lawyers and acknowledged that Weiss had identified HoodNutt as the person who killed someone, and then denied defense counsel’s renewed motion for a mistrial.

Another codefendant, Samantha Ed-munds, also testified for the government about the drug conspiracy. On direct examination, she said that she had first met Ybarra when her codefendant and boyfriend at the time, Damon Schultz, had purchased a few ounces of methamphetamine from him. She also testified that Ybarra was Schultz’s only supplier of methamphetamine during the relevant time period. Both of these statements were inconsistent with statements she had made during a previous interview with law enforcement officers.

On cross examination, defense counsel impeached her with the inconsistencies, and engaged in the following colloquy:

Q: You were asked a lot of the same questions [at the prior interview] you *545 were asked here today; is that correct?
A: Yes.
Q: The answers were quite a bit different back then; weren’t they?
A: Yes.

Defense counsel then attempted to get Ed-munds to admit that she had previously told officers that Schultz had two methamphetamine suppliers, Taco and Beto, and that she had not previously identified Ybarra as Schultz’s methamphetamine supplier. Edmunds did not admit to making those statements, however, and instead maintained that she had always said that Ybarra supplied Schultz with methamphetamine. At the end of Edmunds’ testimony, defense counsel reserved the right to recall her.

When the government rested, defense counsel asked to recall Edmunds to impeach her further with the video recording of her prior interview with law enforcement officers. The district court asked what counsel hoped to accomplish with the witness, and counsel replied that he wanted the jury to know that Edmunds had previously said that Schultz got his methamphetamine from Taco and Beto, not from Ybarra. Counsel admitted that he had already impeached Edmunds to some degree, but argued that the video would be the best evidence of impeachment. The district court denied the request to recall Edmunds, reasoning that counsel had already had the opportunity to impeach her with a summary of the prior interview. The defense then rested without calling any witnesses.

The jury convicted Ybarra of both charged offenses. The district court sentenced him to 360 months on the distribution count and 240 months on the money laundering count, to be served concurrently. Ybarra appeals.

II.

Ybarra argues that the district court erred by denying his motion for a mistrial after Weiss offered unsolicited testimony that another codefendant told him that “HoodNutt was the guy that killed his cousin.” We review the denial of a motion for “a mistrial for an abuse of discretion.” United States v. Coleman, 349 F.3d 1077, 1087 (8th Cir. 2003).

A jury’s exposure “to improper testimony ordinarily is cured by measures less drastic than a mistrial, such as an instruction to the jury to disregard the testimony.” United States v. Sherman, 440 F.3d 982, 987 (8th Cir. 2006), A curative instruction will be insufficient, however, if “the verdict was substantially swayed” by the improper testimony. Coleman, 349 F.3d at 1087 (quoting United States v. Muza, 788 F.2d 1309, 1312 (8th Cir. 1986)). To determine whether improper testimony affected the verdict, we compare the prejudice caused by the testimony with the strength of the evidence of the defendant’s guilt. Id. If “the evidence of guilt is substantial, we may find that the allegedly improper testimony was harmless.” United States v. Brandon, 521 F.3d 1019, 1026 (8th Cir. 2008).

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Related

United States v. Donald Loomis
954 F.3d 1184 (Eighth Circuit, 2020)
Ybarra v. United States
W.D. Missouri, 2019

Cite This Page — Counsel Stack

Bluebook (online)
700 F. App'x 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-travis-ybarra-ca8-2017.