United States v. Valdez-Reyes

165 F. App'x 387
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 18, 2006
Docket03-3737
StatusUnpublished
Cited by9 cases

This text of 165 F. App'x 387 (United States v. Valdez-Reyes) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Valdez-Reyes, 165 F. App'x 387 (6th Cir. 2006).

Opinions

GEORGE C. STEEH, District Judge.

A jury convicted defendant, Juan Valdez-Reyes, of conspiracy to possess with intent to distribute over five-hundred grams of cocaine and over fifty grams of cocaine base or “crack” in violation of 21 U.S.C. § 846, possession with intent to distribute over five-hundred grams of cocaine in violation of 21 U.S.C. § 841(a)(1), and possession with intent to distribute over fifty grams of cocaine-base in violation of 21 U.S.C. § 841(a)(1). On appeal, [389]*389defendant challenges the sufficiency of evidence to support his convictions, the district court’s admission of opinion evidence that defendant was acting as a “lookout,” and the district court’s failure to give an aiding and abetting instruction to the jury. For the reasons set forth below, we AFFIRM defendant’s convictions.

I.

BACKGROUND

Defendant Juan Valdez-Reyes, Luis Valdez, Giovanni Medina, and Gino Francisco Almonte were arrested at the Talley-ho Tel in Youngstown, Ohio, as part of a controlled drug buy arranged by a Youngstown Drug Enforcement Task Force with the cooperation of self-professed drug-dealer Marian Everson. Poland Village Police Officer Daniel DeVille testified that the Task Force received information in April 2002 that Everson was receiving large quantities of powder cocaine, “crack” cocaine, and heroin from New York City. In May 2002, controlled drug purchases were made from two Youngstown, Ohio homes owned by Ever-son, leading to the execution of search warrants on June 3, 2002. Everson was arrested at one of his homes after large quantities of drugs were found inside. Facing the possibility of a significant prison sentence for a third drug conviction, Everson agreed to cooperate with the Task Force in apprehending his New York City drug sources.

Everson initially arranged a controlled drug buy with two men from New York City named Jesus Morel and Marino Diaz. Morel and Diaz were later arrested at an Everson home. Everson identified a second pair of men from whom he purchased drugs, “Cano,” later identified as defendant’s brother Luis, and “Giovanny,” later identified as Medina. Everson told the Task Force that Luis and Medina had been making weekly to bi-weekly deliveries of multi-kilogram quantities of cocaine using a silver-colored van and a small dark foreign car, with both vehicles having New York State license plates. Everson placed four phone calls to Medina and arranged for a drug transaction to take place at the Hotel on June 4, 2000, at 8:00 p.m.

Valdez-Reyes admits that he drove Luis and Medina 400 miles from New York to Youngstown in his silver Dodge Caravan. According to him, the purpose of the trip was to assist his passengers in purchasing property and to spend time with his brother. The day before the trip, Valdez-Reyes had his van professionally cleaned, inside and out, at a cost of $60.00. Once in Youngstown, the three men met Almonte, who paid for their adjoining rooms at the Hotel.

According to Officer DeVille, a Task Force team of 10-12 officers arrived at the Hotel at 7:00 p.m. Officers observed a dark-colored Nissan Sentra parked in front of adjacent Rooms 103 and 105 and a silver Dodge Caravan parked at the end of the parking lot, away from the rooms. The rooms were in the back of the Hotel and opened directly into the parking lot. Both the Nissan and Dodge vehicles bore New York license plates. After learning that both rooms were registered in Almonte’s name, the team continued surveillance, watching four men move freely between the rooms as the doors remained open. As instructed, Everson, who was in his jail cell, called Medina’s cell phone and changed the meeting place for the drug buy from the Hotel to one of Everson’s homes. After the phone call was completed, Luis and Medina were observed entering the Dodge van, while Almonte was viewed entering the Nissan. Officer DeVille testified that defendant “was seen at the doorway looking out.”

[390]*390City of Salem Police Sergeant John Panezott testified that he saw the van being stopped by fellow Task Force members as it attempted to exit the parking lot. Panezott then ran to the back of the Hotel, where he heard Officer DeVille yell that someone was inside the parked Nissan. Sergeant Panezott testified that defendant was standing 10-20 feet away from the Nissan: “I saw [defendant] standing outside the motel looking around the parking lot. Almost simultaneously [defendant] saw Agent DeVille heading towards the car and got a look of shock on his face and I ordered him at one point down.” When asked what defendant was specifically doing, Sergeant Panezott answered: “Acting as a look-out.” The district court admitted this testimony over defendant’s objection, reasoning that Panezott was permitted to express his opinion. Later in the trial, Task Force member and Beaver Township Corporal Burl Patton testified that he saw defendant standing in the doorway “look[ing] around a little bit and his attention was focused on Almonte.” Patton opined that defendant “was looking back and forth and kind of like a look-out would.” Defendant’s objection to this opinion testimony was also overruled.

Almonte was removed from the Nissan and arrested. One kilogram of cocaine was found on the passenger seat, and three kilograms of cocaine were discovered inside a secret compartment in the glove box. Later forensic testing revealed the presence of both powder cocaine and cocaine base or “crack.” The drugs had an estimated street value of $100,000.00. Luis and Medina were arrested from within defendant’s van. FBI Special Agent Kelly Nusser employed a K-9 unit outside the van, and with the doors closed, the dog alerted to the presence of a narcotics odor. During a warrant-based search of the van the following day, no drugs, weapons, or secret compartments were discovered. Officer DeVille described the van as “spotless” and the van carpeting as “still wet” from its recent shampooing. Officer Nusser testified that the van smelled strongly of deodorizer and that people transporting drugs often use odors of this kind to hide the smell of narcotics. No drugs, weapons, or significant amounts of cash were found in the rooms, or on any of the four suspects. An address book taken from defendant’s person listed three phone numbers for “Molly Mull,” an alias used by Everson.

Everson testified at defendant’s trial as part of a plea agreement he reached with respect to his own June 3, 2002 arrest and anticipated third drug conviction. Ever-son admitted that, in exchange for his cooperation and testimony, he would not face multiple cocaine possession charges and a felony firearm charge, but would instead plead guilty to a single cocaine possession charge and receive a sentence reduction from a mandatory 240 months to a range of 70 to 87 months.

Everson testified that he had been buying drugs from New York City sources since October or November 2001 and that drug transactions were prearranged to take place in Youngstown at either his home or a hotel. Drugs were transported in “a black El Camino or a blue Honda civic and a gray Astro van,” with some vehicles equipped with secret compartments. Everson remained in weekly contact with Morel, Luis, and/or Medina, receiving one to five kilograms of cocaine a week at a price of $22,000.00 to $23,000.00 per kilogram.

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Bluebook (online)
165 F. App'x 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-valdez-reyes-ca6-2006.