United States v. Valdez

859 F. Supp. 1235, 1994 U.S. Dist. LEXIS 11543, 1994 WL 446021
CourtDistrict Court, S.D. Iowa
DecidedAugust 17, 1994
DocketCrim. No. 94-60
StatusPublished

This text of 859 F. Supp. 1235 (United States v. Valdez) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Valdez, 859 F. Supp. 1235, 1994 U.S. Dist. LEXIS 11543, 1994 WL 446021 (S.D. Iowa 1994).

Opinion

ORDER

WOLLE, Chief Judge.

Defendant Jariel Vega Valdez (Vega Valdez) is charged in a one-count Indictment alleging possession of cocaine with intent to distribute, in violation of Title 21 United States Code Section 841. After a short trial, in which the government presented only two witnesses and Vega Valdez none, the court submitted the case to the jury on August 8, 1994. On August 10,1994, the court excused the jury because it could not reach a verdict after fourteen hours of deliberations.

On Tuesday, August 16, 1994, the court held a hearing on Vega Valdez’s posttrial motion for judgment of acquittal. The motion renewed similar motions presented and overruled during the trial. A court should grant a motion for judgment of acquittal under Federal Rule of Criminal Procedure 29 only when

“the evidence, viewed in the light most favorable to the Government, is such that a reasonably minded jury must have a reasonable doubt as to the existence of any of the essential elements of the crime charged.”

United States v. White, 562 F.2d 587, 589 (8th Cir.1977) (per curiam) (citations omitted); see also United States v. Ojeda, 23 F.3d 1473, 1475 (8th Cir.1994) (citing White).

To prove the charge against Vega Valdez the government was required to establish beyond a reasonable doubt that he knowingly possessed cocaine and intended to distribute it. The fighting issue in this case is whether there is sufficient evidence for a [1236]*1236jury to find Vega Valdez knowingly possessed the controlled substance found in his car. Defendant argues he was unaware the car he drove contained cocaine. To prove knowing possession the government must prove Vega Valdez had actual or constructive possession of the drug. Ojeda, 23 F.3d at 1475 (citation omitted). The government may prove constructive possession through proof of a defendant’s “ownership, dominion or control over the contraband itself, or dominion over the premises in which the contraband is concealed.” Id. (citation omitted). Eighth Circuit Model Criminal Jury Instruction Number 8.02, included in the instructions in this case, provides:

A person who, although not in actual possession, has both the power and the intention at a given time to exercise dominion or control over a thing, either directly or through another person or persons, is then in constructive possession of it.

Eighth Cir.Model Jury Instr. No. 8.02 (1994 ed.).

The Eighth Circuit Court of Appeals has addressed possession issues similar to that in the present case. The case most nearly on point is United States v. Pace, 922 F.2d 451, 452-53 (8th Cir.1990). There the court of appeals reversed a conviction because the government produced insufficient evidence to prove the defendant driving a station wagon knew it contained nearly two hundred pounds of cocaine concealed in another passenger’s luggage. Philip Pace agreed to help Thomas Mason deliver a station wagon from Los Angeles to Chicago. Two men in a van followed them. When Pace asked Mason the purpose of the trip, Mason told him it was not any of his business. Mason told Pace they would drive the car to Chicago and immediately fly home. Pace was to receive two hundred and fifty dollars for the trip. The drugs were in two duffel bags on the floorboard of the backseat, a duffel bag in the cargo area, and a suitcase in the cargo area. Mason’s personal effects were in a plastic bag.

A Missouri State Trooper stopped Pace for speeding. Mason, who said he was a car dealer, claimed ownership of the car. He could not produce the car registration, and a computer check showed he did not own the car. While in the patrol car Pace confirmed Mason’s story that they were going to Chicago to sell the car. At trial Mason changed his story several times regarding the purpose of the trip and the money he would receive for the trip. Mason testified he was a heavy cocaine user and drug lords forced him to drive the car. He said the van following them contained four times as much cocaine as the car, and the men in the van were drug lords whose purpose was to ensure the security of the cocaine. At trial Pace slightly changed his story, testifying that he did not recall telling the trooper they were going to sell the ear but that he agreed to help drive the car to Chicago and leave it at O’Hare Airport. The trooper who stopped Pace testified he thought Pace gave truthful personal information but appeared very nervous in the patrol car. Pace testified he was not nervous; he was cold.

The majority found that since Pace saw the bags on the backseat floor but never examined or opened them, and there was no evidence Pace saw the luggage in the cargo area, a jury could only guess Pace knew what they contained. Id. at 453. The court also refused to find that Pace’s suspicions should have been aroused by the men in the van or Mason’s answer to Pace’s question. Id. The court concluded a reasonable-minded jury must have had a reasonable doubt about Pace’s intent. Id.

The dissent set forth the facts in detail and concluded a reasonable jury could infer Pace knowingly possessed cocaine and intended to deliver it. Id. at 454-58. Acknowledging that mere presence may not have been enough to prove guilt, id. at 458, the dissent argued a reasonable jury could infer knowledge from the circumstantial evidence. The dissent stated a reasonable jury could find, among other things, that Pace lied to hide the real purpose of the trip; Pace’s nervousness was evidence of consciousness of guilt; Pace knew the extra bags were not Mason’s personal luggage and would remain with the car in Chicago; Mason lied when he said he did not tell Pace about the drugs; Pace was aware of Mason’s cocaine addiction and knew Mason’s lifestyle demanded more cash than a [1237]*1237used car salesperson could earn; Pace knew of the cocaine from the quantity and location of it, and his agreement to make a cross-country trip and immediately fly home. Id. at 455-58.

The government in this case argues the evidence considered as a whole is “greater than the mere sum of its parts,” and that there is sufficient evidence for a reasonable jury to find Vega Valdez knowingly possessed the cocaine. See United States v. Cardenas, 748 F.2d 1015, 1020 (5th Cir.1984). The government argues its ease against Vega Valdez is stronger than the case against Pace.

The government also relies on United States v. Cortez, 985 F.2d 135, 143 (8th Cir.1991), cert. denied, — U.S.—, 112 S.Ct. 945, 117 L.Ed.2d 114 (1992). There the court of appeals found enough evidence to prove knowing possession where an officer discovered eight hundred pounds of marijuana hidden in the van of a lone driver. Cortez was stopped on Interstate 35 in Missouri for weaving on the road. He told the trooper the van was his uncle’s but did not know his uncle’s name. When asked where he was going, Cortez said Illinois. When asked where in Illinois, Cortez responded, “I don’t know.” Id. at 137.

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Related

United States v. Edward A. White
562 F.2d 587 (Eighth Circuit, 1977)
United States v. Gabriel Dejesus Cardenas
748 F.2d 1015 (Fifth Circuit, 1984)
United States v. Mack Allen Richardson
848 F.2d 509 (Fifth Circuit, 1988)
United States v. Bonifacio Muniz-Ortega
858 F.2d 258 (Fifth Circuit, 1988)
United States v. Philip William Pace
922 F.2d 451 (Eighth Circuit, 1990)
United States v. Michael E. Thomas
992 F.2d 201 (Eighth Circuit, 1993)
United States v. J. Cesar Delecerda Ojeda
23 F.3d 1473 (Eighth Circuit, 1994)
Martin v. Deiriggi
985 F.2d 129 (Fourth Circuit, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
859 F. Supp. 1235, 1994 U.S. Dist. LEXIS 11543, 1994 WL 446021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-valdez-iasd-1994.