United States v. Uriel Gonzales

425 F. App'x 532
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 26, 2011
Docket10-2309
StatusUnpublished

This text of 425 F. App'x 532 (United States v. Uriel Gonzales) 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. Uriel Gonzales, 425 F. App'x 532 (8th Cir. 2011).

Opinion

PER CURIAM.

A jury convicted Uriel Mora Gonzales of conspiracy to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A), and the district court 1 sentenced him to 188 months’ imprisonment. Gonzales appeals, arguing that (1) insufficient evidence exists to sustain the conviction and (2) his prison sentence is substantively unreasonable. For the following reasons, we affirm.

I. Background

On October 6, 2009, federal Drug Enforcement Agency (DEA) agents in Des Moines, Iowa, received a tip that they would find a car with California license plates at a certain Super 8 Motel and that this car contained methamphetamine intended for delivery in Des Moines. The agents located the motel and a silver Ford Focus bearing California license plates. According to the motel’s office personnel, the car belonged to Joe Cruz, who had a California driver’s license.

Agents began watching the hotel and the vehicle. The following afternoon, they observed a green Ford Mustang arrive at the hotel and park next to the silver Focus. Joseph Conwell, drove the Mustang, and Gonzales occupied the front passenger seat. Cruz exited the motel and met both men outside. Soon thereafter, Gonzales joined Cruz in Cruz’s silver Ford Focus, Conwell returned to the Mustang, and both vehicles exited the motel parking lot.

Police stopped the silver Ford Focus and obtained consent to search the vehicle. The officers discovered two packages of methamphetamine concealed in the passenger-side seatbelt housing. The packages were wrapped in layers of plastic wrap and coated in red axle grease between each layer. Additionally, a search of Gonzales yielded, among other items, $647.00 in cash, a cellular phone showing a recent call to Conwell in its call history, and a Ford automobile key. Gonzales told the officers that this key was for his car located in California.

Meanwhile, a different set of police officers had followed Conwell’s green Mustang to his house. Upon questioning, Conwell soon admitted that he was involved in a delivery of narcotics. Conwell led the officers to a blue Ford Focus and told them that Gonzales had concealed money in it. The key recovered from Gonzales’s pocket at his traffic stop opened this blue Ford Focus, and police discovered $35,000 in cash hidden in a space between the car’s frame and front bumper. Conwell told authorities that his uncle, “Fernando,” distributed m'etham-phetamine in Des Moines, Iowa, and that *534 Conwell occasionally assisted him by retrieving methamphetamine from cars or concealing cash in cars. Conwell also told officers that, on that very day, his uncle called him with instructions to pick up a driver from a McDonald’s fast-food restaurant in West Des Moines, bring the driver back to Conwell’s home, and load the driver’s car with drug proceeds. According to Conwell, he proceeded to the McDonald’s where he found Gonzales. Conwell claimed that he approached Gonzales because his uncle “only had Mexican drivers,” and Gonzales was the only individual present who appeared to be of Hispanic descent. Although Conwell’s lack of proficiency in Spanish prevented substantial communication between the two, he called his uncle to interpret.

According to Conwell, he drove his green Mustang back to his house from McDonald’s, and Gonzales followed in his blue Ford Focus bearing California plates, the same blue Ford Focus that authorities ultimately searched. In contrast, Gonzales claimed at trial that Conwell picked him up in the green Mustang and drove him back to his house where the blue Ford Focus was already parked. 2 Conwell also told officers that, upon returning to his house with Gonzales following him, the two divided the money into stacks, wrapped it in saran wrap, tied the stacks together with a rope to facilitate later extraction, and concealed them in the space between the car’s frame and bumper. Gonzales counters that he never participated in any of this and that he possessed the keys to the Ford Focus at the time of the traffic stop only because Conwell had asked him to reposition it in Conwell’s driveway so that it no longer blocked Conwell’s green Mustang. 3 Government testimony flatly contradicts Gonzales’s claim that he only occupied the blue Ford Focus for a matter of seconds to reposition it in Conwell’s driveway. Upon searching the blue Ford Focus, officers discovered Gonzales’s belongings and documents strewn throughout the car, which were indicative of a more extended stay in the vehicle. According to one officer who testified, it appeared as though Gonzales had been “living out of the vehicle.”

Following trial, the jury convicted Gonzales of conspiracy to distribute 500 grams or more of methamphetamine but acquitted him of possession of methamphetamine with intent to distribute. At sentencing, Gonzales requested a downward variance to account for time that he would “be detained by the immigration service after he completes his term of service,” but the district court declined to vary, citing Gonzales’s perjury at trial and his perceived lack of remorse. The district court sentenced Gonzales within the applicable advisory-Guidelines range to 188 months’ imprisonment, and Gonzales appealed.

II. Discussion

On appeal, Gonzales argues that insufficient evidence supports his conviction for conspiracy to distribute methamphetamine. But, as the basis for this claim, Gonzales relies on his own contrary account of facts and does not explain how the government’s evidence at trial, when properly viewed in the light most favorable to the jury’s guilty verdict, is insufficient. Rather, Gonzales maintains in his brief that, “[t]hroughout these proceeding[,] [sic] the Defendant has rightfully asserted that he had no knowledge of Mr. Cruz’s *535 activities or the drugs that were contained in Mr. Cruz’s vehicle.”

A. Sufficiency of the Evidence

To accept Gonzales’s account of the facts would require this court to make a credibility determination as to Conwell’s incul-patory testimony and to weigh the evidence, neither of which is permitted under the applicable standard of review.

Although we review the district court’s denial of a motion for judgment of acquittal de novo, the underlying standard of review is highly deferential to the jury’s verdict. We reverse only if no reasonable jury could have found [the defendant] guilty beyond a reasonable doubt. We view the evidence in the light most favorable to the guilty verdict, granting all reasonable inferences that are supported by that evidence. The standard for reviewing a claim of insufficient evidence is strict, and a jury’s guilty verdict should not be overturned lightly.

United States v. Van Nguyen, 602 F.3d 886, 897 (8th Cir.2010) (internal quotations and citations omitted).

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425 F. App'x 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-uriel-gonzales-ca8-2011.