U.S. v. Causor-Serrato

• Decision Date: 12 September 2000
• Docket Number: APPELLANT,No. 00-1082,CAUSOR-SERRAT,00-1082
• Parties: (8th Cir. 2000) UNITED STATES OF AMERICA, APPELLEE, V. JUAN Submitted:
• Court: U.S. Court of Appeals — Eighth Circuit

Page 384

234 F.3d 384 (8th Cir. 2000)

UNITED STATES OF AMERICA, APPELLEE,

V.

JUAN CAUSOR-SERRATO, APPELLANT.

No. 00-1082

UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Submitted: September 12, 2000

Filed: December 8, 2000

Appeal from the United States District Court for the Northern District of Iowa. [Copyrighted Material Omitted] Before Hansen, Heaney, and Morris Sheppard Arnold, Circuit Judges.

Hansen, Circuit Judge.

A jury convicted Juan Causor-Serrato of conspiracy to distribute methamphetamine in violation of 21 U.S.C. § 846 (1994). The district court sentenced Causor-Serrato to 210 months in prison followed by four years of supervised release. Causor-Serrato now appeals both his conviction and his sentence on several grounds, challenging the sufficiency of the evidence to support his conviction; the admissibility of coconspirator hearsay statements; the district court's drug quantity determination at sentencing; and the district court's failure to consider a downward departure. We affirm the conviction but vacate the sentence and remand to the district court for resentencing.

I.

This case centers around a conspiracy to sell large quantities of methamphetamine throughout parts of Iowa. Appellant, who is a non-English speaking illegal alien from Mexico, is a central character in this conspiracy. Viewed in the light most favorable to the verdict, see United States v. Cunningham, 83 F.3d 218, 222 (8th Cir. 1996), the evidence reveals the following facts.

In February 1998, a confidential informant introduced an undercover agent of the Iowa Division of Narcotics Enforcement (DNE), John Douglas Hurley, to Gregory Wendt and his fiancee Kim Mancini for the purpose of purchasing methamphetamine. After making two methamphetamine purchases from Wendt and Mancini totaling 111.33 grams and obtaining a search warrant for their residence, on March 12, 1998, Agent Hurley arranged for a third methamphetamine purchase from Wendt and Mancini to take place at their home. Three minutes after Agent Hurley entered the Wendt and Mancini residence, other agents converged on the home and executed the search warrant. Agents seized drug paraphernalia, 27.68 grams of marijuana, 129.46 grams of methamphetamine, 19.07 grams of amphetamine, $2140 in cash, suspected drug notes, scales, packaging materials, and police scanners. Upon arrest, Wendt and Mancini agreed to cooperate with law enforcement. Both identified Jesus Sanchez- Ramirez as their source of methamphetamine. Mancini stated she previously obtained methamphetamine from another Hispanic male known as Celso, but because Celso was in jail, Sanchez-Ramirez became her new supplier.

On March 20, 1998, Agent Hurley and Wendt met with Causor-Serrato and Sanchez-Ramirez at the Wal-Mart parking lot in Denison, Iowa, to arrange a purchase of methamphetamine. Wanting to avoid surveillance cameras in the parking lot, Sanchez-Ramirez ordered that the meeting be moved to the Iowa Beef Packers (IBP) parking lot. Once at IBP, Causor-Serrato waited in his truck while the meeting between Agent Hurley and Sanchez-Ramirez took place. Agent Hurley paid Sanchez- Ramirez $4950 on Wendt's behalf, satisfying a past-due drug debt. Sanchez-Ramirez then fronted the agent two, one-ounce packages of methamphetamine and arranged a one-pound purchase costing $12,000 with delivery and payment to be made later.

On April 6, 1998, Mancini alerted Agent Hurley that Sanchez-Ramirez and Causor-Serrato had just delivered eight ounces of methamphetamine to her home in Kiron, Iowa, and were looking for payment. Agent Hurley sent another agent to Mancini's home to pick up the methamphetamine. That evening at Mancini's home, Agent Hurley paid Sanchez-Ramirez $11,800 representing the eight ounces of methamphetamine received that day and the two ounces fronted on March 20. Causor- Serrato was also present at this meeting. Agents then converged upon the Wendt and Mancini home, arresting Sanchez-Ramirez and Causor-Serrato.

After waiving his right to counsel and agreeing to speak with agents, Causor- Serrato stated he agreed to begin selling what he thought were "onions" for Celso. Causor-Serrato would often meet Celso at various locations in Storm Lake, Iowa. During those meetings, Celso would place the methamphetamine packages in the back of Causor-Serrato's truck, direct him where to deliver the packages (to "the lady in Kiron"), and the prices to charge for each. (Appellee App. at 83.) Causor-Serrato then relayed these prices to Sanchez-Ramirez, who acted as Causor-Serrato's translator during the transactions. Causor-Serrato told DNE agents he never knew what the packages contained but knew he was to charge approximately $1400 for each.

After having received significant reductions in their own sentences pursuant to United States Sentencing Guidelines (USSG) § 5K1.1 for rendering the government substantial assistance, and hoping for even more of a reduction under Federal Rule of Criminal Procedure 35, Wendt and Mancini testified at Causor-Serrato's sentencing hearing that between January and April, 1998 they received at least one pound of methamphetamine from Sanchez-Ramirez and Causor-Serrato. (See Sent. Tr. at 13-14, 40, 45.) At sentencing, the district court adopted the recommendation of the United States Probation Office and concluded Causor-Serrato had a criminal history category of I and a total offense level of 37, placing him within the sentencing guideline range of 210 to 262 months. Although Causor-Serrato requested a two-level reduction by agreeing to be voluntarily deported, the district court declined to consider a downward departure and sentenced Causor-Serrato to 210 months of confinement with four years of supervised release. Causor-Serrato contends on appeal the evidence was insufficient to establish he was a knowing member of a conspiracy to distribute methamphetamine, and because he was not a conspirator, statements of conspiracy members were not admissible against him during his jury trial. He further asserts that even if his conviction is upheld, his total offense level should be reduced.

II.

A. Sufficiency of the Evidence

"'In reviewing the sufficiency of the evidence on appeal, the court views the evidence in the light most favorable to the government, resolving evidentiary conflicts in favor of the government, and accepting all reasonable inferences drawn from the evidence that support the jury's verdict.'" United States v. Davidson, 195 F.3d 402, 406 (8th Cir. 1999) (quoting United States v. Erdman, 953 F.2d 387, 389 (8th Cir.), cert. denied, 505 U.S. 1211 (1992)), cert. denied, 120 S. Ct. 1218 (2000). "We will reverse a conviction for insufficient evidence and order the entry of a judgment of acquittal only if no construction of the evidence exists to support the jury's verdict." Cunningham, 83 F.3d at 222. To find Causor-Serrato guilty, the government had to prove "(1) a conspiracy existed; (2) [Causor-Serrato] knew of the conspiracy; and (3) [he] knowingly became a part of the conspiracy." Davidson, 195 F.3d at 406. Once the government establishes that the conspiracy existed, only slight evidence is required to link the defendant to the conspiracy. See United States v. Womack, 191 F.3d 879, 884 (8th Cir. 1999). Therefore, "'a defendant challenging the sufficiency of the evidence in a conspiracy case has a heavy burden.'" Id. (quoting United States v. Kates, 508 F.2d 308, 310 (3d Cir. 1975)). To be a conspirator, it is not required that Causor- Serrato knew all the details of the conspiracy. See United States v. Hernandez, 986 F.2d 234, 236 (8th Cir. 1993).

Causor-Serrato denies ever knowing the actual contents of the packages Celso instructed him to deliver, and therefore, he argues, he was not a knowing participant in the conspiracy. We find his statement that he thought he was selling onions patently absurd. The district court said it was "ridiculous." (Sent. Tr. at 65.) For example, Causor-Serrato told agents upon arrest that Celso directed him to charge $1400 per ounce or per onion and never to accept less than $1200 per ounce or onion. Although Cuasor-Serrato may not have known that he was dealing specifically in methamphetamine, his ludicrous assertion that he was selling onions belies his supposed ignorance that the packages contained a controlled substance.

Causor-Serrato further maintains that his inability to speak English, combined with Agent Hurley's and Wendt and Mancini's inability to speak Spanish, precludes him from conspiratorial conduct. We disagree and conclude his argument is unconvincing. The jury heard Agent Hurley testify that when he would speak to Sanchez-Ramirez when arranging a methamphetamine buy, Sanchez-Ramirez would turn to Causor- Serrato, mumble something in Spanish, and Causor-Serrato would respond in Spanish. (See Appellee's App. at 20-21, 48.) Sanchez-Ramirez would then respond in English to Agent Hurley confirming the drug purchase. (See id.) Certainly a reasonable jury could infer from this colloquy that Causor-Serrato was actively participating in the drug sales as a principal supplier, using Sanchez-Ramirez as a middleman/translator. In addition, Causor-Serrato always accompanied Sanchez-Ramirez when either methamphetamine or money was exchanged with Agent Hurley, Wendt, or Mancini. (See Presentence Investigation Report (PSIR) ¶¶ 29-33.)

Causor-Serrato contends his mere presence at the location of a crime, even when coupled with knowledge of that crime, is not sufficient to establish guilt on a conspiracy charge. He fails to recognize, however, that only slight evidence connecting a defendant to the conspiracy may be enough to sustain a conviction. See United States v. Pena, 67 F.3d 153, 155 (8th Cir. 1995); see also United States v. Hernandez, 986 F.2d at 236 (finding less than overwhelming evidence sufficient to uphold a conspiracy conviction). The government need only prove that Causor-Serrato tacitly agreed to...