U.S. v. Garcia

• Decision Date: 22 July 2011
• Docket Number: Nos. 10–3708,10–3794.,s. 10–3708
• Citation: 646 F.3d 1061
• Parties: UNITED STATES of America, Appellee,v.Arturo Padilla GARCIA, Appellant.United States of America, Appellee,v.Edvin Emanuel Gomez Maldonado, Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

646 F.3d 1061

UNITED STATES of America, Appellee,

v.Arturo Padilla GARCIA, Appellant.United States of America, Appellee,

v.Edvin Emanuel Gomez Maldonado, Appellant.

Nos. 10–3708

10–3794.

United States Court of Appeals, Eighth Circuit.

Submitted: June 14, 2011.Filed: July 22, 2011.

John L. Fossum, argued, Northfield, MN, for appellant Garcia.Stephen W. Walburg, argued, Shakopee, MN, for appellant Maldonado.Thomas More Hollenhorst, AUSA, argued, Minneapolis, MN, for appellee.Before LOKEN, BEAM, and GRUENDER, Circuit Judges.GRUENDER, Circuit Judge.

A jury found Arturo Garcia and Edvin Maldonado guilty of conspiracy to distribute methamphetamine and multiple counts of distribution of methamphetamine. The district court ¹ sentenced Garcia to 121 months' imprisonment and Maldonado to 80 months' imprisonment. Both Garcia and Maldonado now appeal their convictions. For the reasons that follow, we affirm.

I. BACKGROUND

In November 2009, the Minneapolis Police Department began investigating Garcia on suspicion that he was distributing methamphetamine. On November 24, a confidential informant named Francisco Morales set up a meeting with Garcia in the parking lot of a restaurant in Minneapolis. Three members of the Minneapolis Police Department surveilled the November 24 meeting: Sergeant Grant Snyder, Sergeant Matthew Wente, and Officer Bart Hauge. Garcia arrived in a Dodge Dakota and met with Morales in Morales's vehicle for several minutes. A recording device worn by Morales captured their conversation, which involved a discussion in Spanish of drug sources, costs, and purity. During the meeting, Garcia gave Morales a sample that later tested positive for methamphetamine. After the meeting concluded, Garcia got back into the Dodge Dakota and drove away from the scene. The officers followed the Dakota to Garcia's apartment building in southern Minneapolis, where Maldonado also resided, and Garcia and two other individuals left the vehicle and entered the building. After a short time, they exited the building and drove off in the Dodge Dakota. The officers followed the vehicle again, eventually stopping it and identifying Garcia as one of the occupants.

On December 2, Morales arranged a controlled drug buy with Garcia at the apartment building in Minneapolis in which he and Maldonado resided. Sergeant Snyder, Sergeant Wente, and Officer Hauge conducted surveillance of the transaction. Garcia exited the apartment and entered Morales's vehicle, where he remained for about two minutes. During this exchange, Garcia gave Morales a package that was later tested and found to contain 25.3 grams of methamphetamine. Garcia and two other individuals then drove to a restaurant in St. Paul, Minnesota, in the same Dodge Dakota that the officers had encountered on November 24, where they met in the parking lot with the occupants of a vehicle registered to an individual named Manuel Rodriguez.

Rodriguez also was under suspicion of distributing methamphetamine and was under investigation by the Drug Enforcement Administration (“DEA”). On December 10, DEA Special Agent Christopher Hauge arranged a controlled buy between Rodriguez and a confidential informant named Eduardo Urbina in the parking lot of a Taco Bell in St. Paul. Special Agent Hage and Officer Kenneth Sass, a member of the Minneapolis police department who was assigned to the DEA task force, surveilled the transaction. Rodriguez arrived in his Ford pickup truck, and Garcia was present in the Dodge Dakota, accompanied by Maldonado. Rodriguez approached the Dakota and was given a package. He then walked over to Urbina and sold him the package, which later was tested and found to contain 34.2 grams of methamphetamine.

Special Agent Hage arranged a second controlled buy for later that same day, to occur in the parking lot of a K–Mart store in St. Paul. Once again, Rodriguez arrived at the parking lot in his Ford pickup, received a package from the Dodge Dakota occupied by Garcia and Maldonado, and sold it to Urbina. The package was tested and found to contain 9.6 grams of methamphetamine.

After the transaction was complete, the officers followed the Dakota away from the K–Mart and instructed officers in a marked Minneapolis police car to conduct an investigative stop of the Dakota. Two of the three occupants identified themselves as Garcia and Maldonado. At the officers' request, they also provided their addresses and cell phone numbers. Rodriguez's subsequently obtained cell phone records revealed 279 calls between Rodriguez and Maldonado from November 27 to December 22.

A federal grand jury returned a superseding indictment charging Garcia, Maldonado, and Rodriguez with one count of conspiracy to distribute fifty grams or more of methamphetamine, a violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846, Garcia with three counts of distribution of methamphetamine, and Maldonado and Rodriguez each with two counts of distribution of methamphetamine, violations of 21 U.S.C. § 841(a)(1), (b)(1)(B). Both Garcia and Maldonado entered pleas of not guilty.²

Before trial, Maldonado and Garcia moved to suppress any statements or evidence obtained from them during the investigation on Fourth, Fifth, and Sixth Amendment grounds. A magistrate judge ³ held a hearing on the motions, during which the Government represented that it had no “statements or confessions.” Based on this representation, the magistrate judge denied the motions to suppress statements as moot and noted his intent to address the motions to suppress evidence separately in a report and recommendation. The Government then filed a memorandum clarifying that, although it did not intend to introduce any confessions by the defendants, it did intend to introduce “statements made by them relating to their identities.”

Subsequently, the magistrate judge issued his report and recommendation, concluding that the December 10 vehicle stop did not violate the Fourth Amendment and that, accordingly, “[s]uppression of the defendants' identification, or any other ... statements that may have been obtained subsequent to the vehicle stop, is not required on the ground that the stop was unlawful.” Maldonado objected to the magistrate judge's report and recommendation, renewing his Fourth Amendment objection to the vehicle stop and further arguing that the introduction of any information gained from questioning the occupants of the vehicle would violate Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). After de novo review, the district court adopted the report and recommendation and denied the motions to suppress, rejecting Maldonado's Miranda argument. The case proceeded to trial.

On the second day of trial, the defendants informed the court that relatives of two of the jurors had been observing the trial and had been present in the courtroom for several proceedings that were held outside the presence of the jury. Because Garcia and Maldonado were concerned that the relatives and jurors might have discussed proceedings that took place outside the presence of the jury, they moved for a mistrial. The court questioned the two jurors to determine whether they had spoken to their relatives about the case. One of the jurors told the court that her relative had informed her that the defendants were escorted in each morning by officers, but she adamantly denied communicating this information to any other jurors. The other juror informed the court that she scrupulously had avoided discussing the trial with her relative. The court immediately dismissed the juror who had learned of the defendants' custodial status but allowed the other juror to remain on the jury, after instructing her to continue to avoid discussing the trial with her relative.

The jury returned a verdict of guilty on all counts. Both Garcia and Maldonado moved for a judgment of acquittal or for a new trial, challenging the sufficiency of the evidence and alleging that the jury was tainted. The district court denied the motions, and Garcia and Maldonado filed this appeal.

II. DISCUSSIONA. Sufficiency of the Evidence—Garcia

Garcia appeals the district court's denial of his Fed.R.Crim.P. 29 motion for judgment of acquittal. We review such a denial de novo, “viewing evidence in the light most favorable to the government, resolving conflicts in the government's favor, and accepting all reasonable inferences that support the verdict.” United States v. Yarrington, 634 F.3d 440, 449 (8th Cir.2011) (quoting United States v. Scofield, 433 F.3d 580, 584–85 (8th Cir.2006)). We will reverse “only if no reasonable jury could have found [the defendant] guilty beyond a reasonable doubt.” United States v. Winn, 628 F.3d 432, 439 (8th Cir.2010). Garcia also challenges the denial of his motion for a new trial on sufficiency grounds. We review this denial for abuse of discretion. United States v. Aguilera, 625 F.3d 482, 486 (8th Cir.2010). “The decision to grant or deny a motion for a new trial based upon the weight of the evidence is within the sound discretion of the trial court,” but “[u]nless the district court ultimately determines that a miscarriage of justice will occur, the jury's verdict must be allowed to stand.” United States v. Campos, 306 F.3d 577, 579 (8th Cir.2002).

To support a conviction for conspiracy to distribute methamphetamine, the Government must prove that (1) a conspiracy to distribute methamphetamine existed; (2) the defendant knew about the conspiracy; and (3) the defendant knowingly became a part of the conspiracy. See United States v. Moran, 612 F.3d 684, 690 (8th Cir.2010), cert. denied, 562 U.S. ––––, 131 S.Ct. 953, 178 L.Ed.2d 786 (2011). To prove distribution of methamphetamine, the Government must show that the defendant knowingly sold or otherwise transferred methamphetamine. See United States v. Aguilar–Portillo, 334 F.3d 744, 747 (8th Cir.2003). Garcia does not specify whether he challenges the sufficiency of the evidence...