United States v. Vejar-Urias

165 F.3d 337, 50 Fed. R. Serv. 1388, 1999 U.S. App. LEXIS 489, 1999 WL 16396
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 15, 1999
Docket97-50990
StatusPublished
Cited by27 cases

This text of 165 F.3d 337 (United States v. Vejar-Urias) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. Vejar-Urias, 165 F.3d 337, 50 Fed. R. Serv. 1388, 1999 U.S. App. LEXIS 489, 1999 WL 16396 (5th Cir. 1999).

Opinions

BENAVIDES, Circuit Judge:

Manuela Vejar-Urias appeals from a conviction in the district court for importation of marijuana and for possession of marijuana with intent to distribute. Vejar argues on appeal that the district court violated her Sixth Amendment right to confront adverse witnesses by admitting hearsay testimony regarding her non-testifying co-defendant’s post-arrest statements. Although we agree that the district court erred by admitting evidence of the statements, we find that error harmless and AFFIRM Vejar’s conviction.

BACKGROUND

Vejar and her sister, Benita Torres, were arrested on April 11, 1997 at the Ysleta port of entry in El Paso, Texas. United States Customs Inspector George Hernandez became suspicious that the two women were attempting to distract him during routine questioning and inspection of the station wagon in which they were traveling. After Hernandez asked Vejar, who was driving, to open the tailgate, he noticed that the screws on a sidewall panel of the cargo area had been tampered with. Pulling back the panel, he observed several plastic-wrapped bundles. Hernandez asked Vejar if the station wagon was her car, and she replied that it was. A further search of the vehicle revealed 125 pounds of marijuana concealed above the ceiling panel and behind the interior walls on both sides of the cargo area.

Vejar and Torres were taken into custody and questioned separately regarding their trip to Mexico. Initially, both women claimed that they had taken a car owned by Torres to Mexico to have it repaired and that two men at the repair station, “Ruben” and “Chato,” ha<j loaned them the station wagon. Eventually, however, Torres confessed that she and Vejar had gone to Mexico specifically to pick up the drug-laden vehicle.

At their joint trial for importation of a controlled substance under 21 U.S.C. §§ 952(a) and 960(a)(1) and possession with intent to distribute under 21 U.S.C. § 841(a)(1), both Vejar and Torres elected not to testify. Because Torres could therefore not be cross-examined, Vejar argued that Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), precluded the admission of hearsay testimony regarding any inculpatory statements made by Torres to customs agents that also implicated Vejar. The district court overruled Vejar’s objections and permitted the government to adduce testimony at trial concerning Torres’s [339]*339statements. Vejar now appeals that decision by the district court.

At issue is evidence regarding three statements made by Torres. At trial, Customs Agent Ramon Torrez testified on direct examination that Torres had admitted that she was “told by someone to lie about the story about going to get the vehicle fixed” (emphasis added) and that she had not met “Ruben” and “Chato” but “she was told by someone what their names were” (emphasis added). In both instances, Agent Torrez substituted the word “someone” for Vejar’s name. On redirect, however, Vejar’s name was mentioned when Agent Torrez testified that Torres had been hesitant to put her responses in writing because “[s]he didn’t want her sister, Defendant Vejar, to know what she was saying about her.” The jury was not given any limiting instructions concerning this testimony-

In addition, the Government was permitted to present evidence at trial that one month before her arrest at the Ysleta port of entry, Vejar had been detained at an immigration checkpoint in connection with a seizure of more than forty pounds of marijuana from a car driven by her son.

The jury found Vejar and Torres guilty of both drug offenses.

DISCUSSION

In Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), the Supreme Court held that the right to confront adverse witnesses guaranteed by the Sixth Amendment bars the admission of statements made by a nontestifying code-fendant that implicate the nonconfessing defendant. See id. at 137, 88 S.Ct. 1620. The specific evidence at issue in Bruton was a postal inspector’s hearsay testimony that Bruton’s codefendant had confessed both his own and Bruton’s involvement in an armed postal robbery. The Court ruled that the admission of the testimony violated Bruton’s right to confrontation despite the district court’s limiting instruction to the jury to refrain from using the codefendant’s admission as evidence against Bruton. Subsequent to Bruton, this Court held that a trial court’s evidentiary rulings relying on Bruton are reviewed for abuse of discretion. See United States v. Walker, 148 F.3d 518, 522 (5th Cir.1998).

The Supreme Court’s subsequent cases have not specifically addressed the situation in this ease, where the codefendant’s confession was redacted by substituting the name of the defendant with a neutral pronoun. The Court has, however, explicated the degree to which a defendant must be inculpated by a nontestifying codefendant’s statements before a Bruton violation has occurred.

In Richardson v. Marsh, 481 U.S. 200, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987), for example, the Court found that there was no Bru-ton violation where the codefendant’s statement was redacted to eliminate both the defendant’s name and all reference to his existence and the jury was given a proper limiting instruction. See id. at 211, 107 S.Ct. 1702. Although the codefendant confession at issue in Richardson inculpated the defendant when considered in light of other evidence presented in the case, the Court found its admission did not violate Bruton because “the confession was not incriminating on its face, and became so only when linked with evidence introduced later at trial.” Id. at 208, 107 S.Ct. 1702. Enlarging upon that holding, this court has found on several occasions that admitting redacted confessions in which a pronoun was substituted for the defendant’s name did not violate Bruton. See, e.g., United States v. Fletcher, 121 F.3d 187, 197-98 (5th Cir.1997) (finding that substitution of “he” for defendant’s name in code-fendant’s confession did not violate Bruton).

More recently, the Supreme Court in Gray v. Maryland, 523 U.S. 185, 118 S.Ct. 1151, 140 L.Ed.2d 294 (1998), found that the admission of a eodefendant’s confession did violate Bruton where the confession was redacted by replacing the defendant’s name with a blank in the written statement and with the word “deleted” in oral testimony. Recognizing that a jury could easily and immediately infer that the deletions in the inculpatory confession were references to the defendant, the Court held that “considered as a class, redactions that replace a proper name with an obvious blank, the word ‘delete,’ a symbol, [340]

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165 F.3d 337, 50 Fed. R. Serv. 1388, 1999 U.S. App. LEXIS 489, 1999 WL 16396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-vejar-urias-ca5-1999.