United States v. Valenzuela

88 F. App'x 909
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 27, 2004
DocketNo. 02-2216
StatusPublished
Cited by2 cases

This text of 88 F. App'x 909 (United States v. Valenzuela) 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. Valenzuela, 88 F. App'x 909 (6th Cir. 2004).

Opinion

PER CURIAM.

The defendant, Miguel Valenzuela, was convicted of conspiracy to possess with intent to distribute more than 1,000 kilograms of marijuana and sentenced to 168 months in prison. He now appeals, contending that the evidence adduced at trial was not sufficient to support his conviction and that the district judge erred in admitting hearsay testimony into evidence. We find no reversible error and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Following his arrest on drug-trafficking charges, James McManigal agreed to cooperate with law enforcement authorities in their investigation into the activities of McManigal’s friends and business partners in a drug-distribution ring operating in eastern Michigan. Under the terms of the agreement, McManigal wore a recording and transmitting device while engaged in drug deals and discussions with the defendant and other individuals. Prior to Valenzuela’s trial in this matter, however, McManigal committed suicide and thus was unavailable to testify regarding those transactions. Instead, Anthony Carter, an agent with the Drug Enforcement Administration, introduced the tape recordings at trial and explained the relevance of the discussions preserved on them.

Specifically, Carter noted that the tape recordings indicated that McManigal and Valenzuela met at least four times during May 2001. During those meetings, the men discussed marijuana sales, and Valenzuela gave McManigal $56,000 that Valenzuela had obtained from selling large quantities of the illegal drug. Carter further explained in his testimony that the marijuana that McManigal had given to the defendant to sell had been delivered to Valenzuela well before the date on which McManigal began serving as a confidential information for the government.

Other trial testimony elicited by the prosecution established that Valenzuela had sold marijuana for Eduardo Rodriguez for a number of years, buying 20—100 pounds of the contraband at a time and then repaying Rodriguez after selling the drug at prices ranging from $1,300 to $1,600 per pound. The defendant also procured drivers for Rodriguez to transport marijuana shipments from Arizona to Michigan. In addition, after the drugs reached the Detroit area. Valenzuela would arrange to store the marijuana until it could be sold or redistributed to other sellers within the organization. In fact. Rodriguez himself testified that the defendant was responsible for convincing Chris-toff Stevenson to drive a motor home filled with 813.7 pounds, or approximately 370 kilograms, of marijuana from Arizona to Michigan in February 2001. Unfortunately for Stevenson and for the other mem[911]*911bers of the conspiracy, however, the driver was detained in Texas and the shipment never reached its destination.

To make up for the shipment confiscated in Texas, as well as for a second shipment of 880 pounds, or 400 kilograms, intercepted by agents in Arizona in late February 2001, Rodriguez arranged for the delivery in June 2001 of a shipment of approximately 8.000 pounds of marijuana. According to Rodriguez, Valenzuela was to receive 500 pounds (approximately 227 kilograms) from the shipment to sell, while the rest of the marijuana, minus relatively small amounts used to pay other individuals for services rendered, was to be stored in secret locations. Again, Valenzuela arranged for the storage, first with “an associate,” then with an individual named “White Ray,” and, finally, in a trailer rented to Rodriguez that was parked in a lot at a local business. When that trailer was finally located and opened by drug interdiction officers, the authorities recovered approximately 1,742 pounds, or 792 kilograms, of marijuana from it.

Valenzuela testified at trial in his own defense. He did not deny that one of the voices on the tape recordings was his but, rather, attempted to persuade the jury that his drug conversations with McManigal were aberrational, resulting from a one-time agreement with the informant. The defendant insisted that he was not routinely involved in drug-trafficking, but that McManigal had come to him, told him of his severe financial difficulties, and asked Valenzuela to help him out by selling 40 pounds of marijuana to raise money to hire legal counsel. The defendant claimed never to have sold marijuana prior to April 2001 but admitted that he helped arrange for storage for Rodriguez, that he knew Rodriguez was secreting marijuana, and that he paid Christoff Stevenson $9,000 on behalf of Rodriguez and McManigal to compensate Stevenson for driving a shipment of marijuana from Arizona to Michigan. Valenzuela further asserted that the large amounts of cash recovered from his home (totaling some $50,000) were not drug proceeds but winnings from his successful encounters with the slot machines at nearby casinos.

The jury chose not to accredit the testimony of the defendant, however, and convicted him of conspiracy to possess with intent to distribute more than 1,000 kilograms of marijuana. The district judge then sentenced Valenzuela to 168 months in prison and five additional years on supervised release.

DISCUSSION

I. Challenges to the Sufficiency of the Evidence

On appeal, Valenzuela first raises challenges to the sufficiency of the evidence used to convict him of the conspiracy charge. Specifically, he contends that the trial testimony shows only that he was engaged in buyer-seller transactions that cannot form the basis for conspiracy convictions. He further maintains that, even if a conspiracy is shown, the agreement involved only the 40 pounds of marijuana given to the defendant by McManigal. Finally, he asserts that his involvement with that 40 pounds of marijuana was precipitated only through entrapment by government agents.

Ordinarily, in analyzing any challenge to the sufficiency of the evidence, we must determine whether, viewing the trial testimony and exhibits in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). In doing so, moreover, we do not re-weigh the evidence, re-evaluate the credibility of witnesses, or substitute our [912]*912judgment for that of the jury. See United States v. Hilliard, 11 F.3d 618, 620 (6th Cir.1993). However, when a defendant fails to make a timely motion for judgment of acquittal pursuant to Rule 29 of the Federal Rules of Criminal Procedure, as happened in this case, “appellate review is limited to determining whether there was a manifest miscarriage of justice[, which] exists only if the record is devoid of evidence pointing to guilt.” United States v. Price, 134 F.3d 340, 350 (6th Cir.1998) (internal quotation marks and citations omitted).

No such miscarriage of justice occurred in this case. Valenzuela does not deny that a drug-trafficking conspiracy involving Rodriguez and McManigal existed.

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Related

United States v. Gustavo Guadarrama
591 F. App'x 347 (Sixth Circuit, 2014)
Valenzuela v. United States
217 F. App'x 486 (Sixth Circuit, 2007)

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Bluebook (online)
88 F. App'x 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-valenzuela-ca6-2004.