United States v. Walter Garcia, Victor Hugo Alegria, Carlos Camacho and Agustin Vivas-Garcia

86 F.3d 394
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 8, 1996
Docket95-20170
StatusPublished
Cited by49 cases

This text of 86 F.3d 394 (United States v. Walter Garcia, Victor Hugo Alegria, Carlos Camacho and Agustin Vivas-Garcia) 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. Walter Garcia, Victor Hugo Alegria, Carlos Camacho and Agustin Vivas-Garcia, 86 F.3d 394 (5th Cir. 1996).

Opinions

REYNALDO G. GARZA, Circuit Judge:

Appellants were convicted for participating in a conspiracy to possess 166.9 kilograms of cocaine with the intent to distribute it. Appellant Carlos Camacho was also convicted of being an illegal alien in possession of a firearm and ammunition, and for using a firearm during a drug transaction. Appellants have appealed from their convictions on several grounds. Having read the briefs, reviewed the record and considered the arguments of counsel, we AFFIRM all of the appellants’ [397]*397convictions and sentences with the exception of Carlos Camacho’s conviction for using a firearm during a drug transaction. We RE-VE RSE Carlos Camacho’s conviction for using a firearm during a drug transaction, and VACATE the sentence imposed upon him for that conviction.

I. FACTS

Walter Garcia (“Garcia”), Victor Alegría (“Alegría”), Carlos Camacho (“Camacho”) and Agustín Vivas-Garda (“Vivas”) were convicted of conspiracy to possess cocaine with intent to distribute it, as well as aiding and abetting the possession of cocaine with the intent to distribute it. Camacho was also convicted of the unlawful use of a firearm during the commission of a drug offense, unlawful possession of a firearm by an illegal alien and unlawful possession of ammunition by an illegal alien. The defendants appeal from those convictions.

The police began surveillance of Garda and Vivas when they observed the two men at a payphone while they were conducting surveillance on another suspected drug dealer on May 25,1994. During the next month, law enforcement agents conducted surveillance on the two men. The agents determined that neither man was regularly employed, and that Garcia lived at a residence at 7318 Northleaf (the “Northleaf residence”). Their conclusion that Garcia lived there was later bolstered when they discovered that the electricity for the residence was in Garcia’s name.

On June 29, 1994, while the agents were conducting surveillance, Garcia arrived at the Northleaf residence in a Chevrolet Cavalier at 9:00 a.m. He was followed by a gray pickup truck occupied by two white males. The truck backed up onto the driveway and stayed for ten minutes.

At 10:15 a.m., Garcia left the Northleaf residence, picked up Vivas at the Coppertree apartments, and drove to a Popeye’s fried chicken restaurant. Garcia and Vivas exited the vehicle and entered Popeye’s. A short while later, Antonio Perez (“Perez”) and Alegría arrived at Popeye’s in a grey Honda Accord. They parked the Accord next to the Cavalier, and entered the restaurant. A few minutes later, all four men exited the restaurant. Garcia then left Popeye’s in the Accord, and the other three men left in the Cavalier.

Garcia drove the Accord to the Northleaf residence. During the drive, he made a telephone call to the Northleaf residence on his cellular phone. When he arrived at the Northleaf residence, Garcia pulled the Accord into the garage. While the Accord was in the garage, two agents saw Camacho standing in the doorway, looking up and down the street.1 Garcia left in the Accord within ten minutes of his arrival. The Accord was riding lower when he left than it had been when he arrived, which suggests that Garcia put something in the trunk while the Accord was in the garage.

Meanwhile, the Cavalier drove around in a manner that was believed to be a “heat run.” That is, the police believed that the Cavalier was attempting to conduct countersurveillance to determine whether the police were conducting surveillance. At 12:45 p.m., the Cavalier arrived at a Jack-in-the-Box restaurant. All three occupants of the Cavalier entered the restaurant. Five minutes later, Garcia arrived at the Jack-in-the-Box in the Honda. Garcia then entered the Jack-in-the-Box. A few minutes later, Vivas and Garcia departed in the Cavalier, while Alegría and Perez departed in the Honda.

The police stopped both vehicles a short while later. A police officer searched the trunk of the Honda, where he found 98.6 kilograms of cocaine. When the police discovered the cocaine, Alegría tried to eat a piece of paper containing several addresses and phone numbers, including the phone number of the Northleaf residence. All four men were arrested.

The police then continued their investigation at the Northleaf residence. Camacho [398]*398allowed the police to search the residence. During their search, the police found an additional 68.3 kilograms of cocaine in the utility room, as well as a scale, baking soda, tape and surgical masks. The latter items were apparently used in the packaging of cocaine. The police testified that a chemical smell, which they identified with cocaine, was detectable in the house. The police also seized a .357 revolver loaded with hollowpoint bullets that Camacho was carrying in his waistband.

At trial, Garcia, Alegría, Camacho and Vivas were convicted, and Perez was acquitted. The four convicted defendants now appeal from their convictions.

II. DISCUSSION

A THERE IS SUFFICIENT EVIDENCE TO AFFIRM THE DEFENDANTS’ CONVICTIONS FOR CONSPIRACY AND AIDING ABETTING POSSESSION OF COCAINE WITH THE INTENT TO DISTRIBUTE IT

All four defendants claim that there is insufficient evidence to support their convictions for conspiracy and for aiding and abetting possession of cocaine with the intent to distribute it. Each defendant claims to have been “merely present” during the drug transaction, and that there is no evidence linking any defendant to the cocaine. After reviewing the evidence, we find that the evidence is sufficient to support all of the defendants’ convictions for conspiracy and aiding and abetting.

1. STANDARD OF REVIEW

This Court recently set out the applicable standard of review to be used to determine whether there is sufficient evidence to support a conviction. In United States v. Dean, 59 F.3d 1479, 1484 (5th Cir.1995), this Court stated:

In our review of the sufficiency of the evidence supporting the jury’s verdict, we determine whether, viewing the evidence and the inferences that may be drawn from it in the light most favorable to the verdict, a rational jury could have found the essential elements of the offenses beyond a reasonable doubt. We recognize that the jury was free to choose among all reasonable constructions of the evidence, and we accept all credibility choices that tend to support the jury’s verdict. We view the evidence, both direct and circumstantial, as well as all reasonable inferences from that evidence, in the light most favorable to the verdict. Moreover, we determine only whether the jury made a rational decision, not whether its verdiet was correct on the issue of guilt or innocence. Further, the evidence need not exclude every reasonable hypothesis of innocence. However, we must reverse a conviction if the evidence construed in favor of the verdict gives equal or nearly equal circumstantial support to a theory of guilt and a theory of innocence of the crime charged.

To support a conviction for conspiracy to possess illegal narcotics with the intent to distribute them, the evidence must support a finding that a conspiracy existed, that the accused knew of the conspiracy, and that he voluntarily joined it. United States v. Limones,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Pierre
88 F.4th 574 (Fifth Circuit, 2023)
United States v. Samuel Gurrola
898 F.3d 524 (Fifth Circuit, 2018)
United States v. Deion Lockhart
844 F.3d 501 (Fifth Circuit, 2016)
United States v. Montes-Salas
669 F.3d 240 (Fifth Circuit, 2012)
United States v. Morin
627 F.3d 985 (Fifth Circuit, 2010)
United States v. Gonzalez-Rodriguez
621 F.3d 354 (Fifth Circuit, 2010)
United States v. Manuel Espinoza
394 F. App'x 26 (Fifth Circuit, 2010)
United States v. Nguyen
317 F. App'x 424 (Fifth Circuit, 2009)
United States v. Marshall
283 F. App'x 268 (Fifth Circuit, 2008)
United States v. Edwards
280 F. App'x 409 (Fifth Circuit, 2008)
United States v. Sanchez-Hernandez
507 F.3d 826 (Fifth Circuit, 2007)
United States v. Espino-Rangel
500 F.3d 398 (Fifth Circuit, 2007)
United States v. Torres
212 F. App'x 361 (Fifth Circuit, 2007)
United States v. Adenodi
80 F. App'x 343 (Fifth Circuit, 2003)
United States v. Hefferon
Fifth Circuit, 2003
United States v. John T. Hefferon
314 F.3d 211 (Fifth Circuit, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
86 F.3d 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-walter-garcia-victor-hugo-alegria-carlos-camacho-and-ca5-1996.