U.S. v. Godinez
| Decision Date | 27 March 1997 |
| Docket Number | No. 96-2657,96-2657 |
| Citation | 110 F.3d 448 |
| Parties | 46 Fed. R. Evid. Serv. 1028 UNITED STATES of America, Plaintiff-Appellee, v. Ignacio P. GODINEZ, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Ranley R. Killian, Jr., Robert Coleman (argued), Office of United States Attorney, Criminal Division, Fairview Heights, IL, for plaintiff-appellee.
David S. Mejia (argued), Chicago, IL, for defendant-appellant.
Before BAUER, FLAUM, and EVANS, Circuit Judges.
A jury convicted Ignacio P. Godinez of one count of conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846, and one count of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). The district court sentenced Godinez to two concurrent 97-month prison terms. On appeal, Godinez challenges the sufficiency of the evidence, the admission of certain testimony at trial, and the application of a sentence enhancement. Finding no merit to any of Godinez's claims, we affirm.
Godinez was the subject of a cocaine conspiracy investigation by the FBI that began on March 30, 1995. The investigation was spurred by the FBI's arrest of Bruce Hileman at the Jackson County Airport. Hileman had 117.5 grams of cocaine in his possession. At the time of his arrest, Hileman agreed to cooperate with the FBI. While explaining the operation of the conspiracy, he described meeting times and places and gave up names, including that of Godinez.
Hileman was at the low end of the conspiracy. He would travel to Chicago to purchase distribution quantities of cocaine to take back to southern Illinois. In 1993, when Hileman first became involved in the conspiracy, Dale St. Arbor served as his cocaine source. St. Arbor obtained cocaine from Raphael Oquendo (also known as "Rico"), who, in turn, obtained it from Godinez (also known as "Nacho" or "Notso"). In late 1993, St. Arbor was cut out of the conspiracy, and Oquendo became Hileman's source. Godinez still supplied cocaine to Oquendo and, on several occasions, sold cocaine directly to Hileman. From August 1994 to March 30, 1995, Hileman traveled to Chicago ten to fifteen times, each time purchasing between two and six ounces of cocaine from either Oquendo or Godinez for distribution in southern Illinois. When the deals were set up, Hileman would tell Oquendo that he wanted a certain number of "rings," meaning ounces of cocaine. (Coincidentally, perhaps, Godinez is also a jewelry salesman.)
Between March 30, 1995 and April 6, 1995, Hileman, per instructions of the FBI, called Oquendo to arrange to purchase $20,000 worth of cocaine. Oquendo then contacted Godinez, who told Oquendo that $20,000 would buy twenty-one ounces of cocaine, two of which would be "cut." The deal was then set to take place on April 6, 1995 at a hotel in Effingham, Illinois.
On the morning of April 6, Godinez and Oquendo traveled together in Godinez's station wagon from Chicago to Effingham. According to Oquendo, he did not know where the cocaine was located until Godinez pointed to where he had hidden it. Once in Effingham, Godinez dropped off Oquendo at the hotel, where Hileman was waiting in Room 123. Surveillance agents were in the next room, watching and listening to the events in Room 123 and scanning the hotel's parking lot. The deal was not audio-recorded due to equipment failure.
When Oquendo entered the room, Hileman handed him $20,000. Soon after, Godinez entered the room, spoke to Oquendo in Spanish, and then left the room while Oquendo counted the money. Godinez drove his station wagon out of the surveillance agents' view and, about eight minutes later, returned to Room 123 carrying a bag. Godinez reached into the bag and pulled out two bundles that were wrapped in plastic and duct tape and attached to a coat hanger. Each bundle contained two interior Ziploc-type bags filled with cocaine. Godinez handed the cocaine to Hileman and explained (through Oquendo's translation) that the bundles of cocaine were broken down into "five and five and five and six"--totaling 21 ounces, the amount that Hileman, Oquendo and Godinez previously had agreed upon. Godinez and Oquendo left the room after the transfer was complete, whereupon awaiting agents arrested them. The agents seized Godinez's bag, which contained pieces of jewelry, jewelry magazines, jewelry tools, and other items related to jewelry sales.
Godinez's fingerprint was lifted from one of the interior Ziploc-type bags containing cocaine. There was testimony at trial that the bag could not have been touched after it was wrapped in the exterior packaging.
Oquendo pleaded guilty to conspiracy to distribute and possession with intent to distribute cocaine. Hileman pleaded guilty to possession of cocaine and conspiracy to deliver cocaine. A jury found Godinez guilty of one count of conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846, and one count of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). At Godinez's sentencing hearing, the court determined that his base offense level was 28, pursuant to a stipulation that the amount of cocaine possessed and distributed during the conspiracy was more than 3 kilograms, but less than 3.5 kilograms. The court applied a two-level enhancement for obstruction of justice, pursuant to § 3C1.1 of the Sentencing Guidelines, giving Godinez a total offense level of 30. This offense level, combined with a criminal history category of I, produced a sentencing range of 97 to 121 months' imprisonment. The court sentenced Godinez to 97 months on each count, the sentences to run concurrently. On appeal, Godinez argues (1) that the evidence presented at trial was insufficient to sustain his conviction; (2) that the district court erred by admitting hearsay and "prior bad acts" evidence at trial; and (3) that the district court erred by applying a sentence enhancement for obstruction of justice.
Godinez would have us believe that he accompanied Oquendo to Effingham on April 6, 1995 merely to sell jewelry to Hileman; that he was in the wrong place at the wrong time when Oquendo and Hileman executed their drug deal. The evidence, however, indicates otherwise.
We review the evidence and all reasonable inferences that can be drawn therefrom in the light most favorable to the Government and will affirm if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. United States v. Jackson, 103 F.3d 561, 567 (7th Cir.1996) (citation omitted). A conspiracy is "a confederation of two or more persons formed for the purpose of committing, by their joint efforts, a criminal act." United States v. Larkins, 83 F.3d 162, 165 (7th Cir.1996) (citation omitted). In order to sustain a conspiracy conviction, the Government must provide substantial evidence that a conspiracy existed and the defendant knowingly agreed to join it. Id. at 166 (citation omitted). The Government may establish these elements through circumstantial evidence. Id. (citation omitted).
Godinez's conspiracy conviction is sufficiently supported by the evidence. First, there is Oquendo's testimony. Oquendo testified that he served as the middleman between Godinez and Hileman for approximately twenty-two drug transactions. On those occasions, Hileman called Oquendo to request a certain number of "rings"; Oquendo contacted Godinez to tell him what he needed; Godinez then "had everything ready." Godinez paid Oquendo for his role in setting up these deals--generally $75 to $100 per ounce plus a little cocaine for personal use. When Oquendo was unable to meet Hileman, Godinez personally sold cocaine to Hileman, although Oquendo still arranged the deals. Oquendo "gave [Godinez] the money all the time."
According to Oquendo's testimony, the April 6, 1995 controlled drug buy followed the usual routine. Hileman told Oquendo that he wanted $20,000 worth of cocaine. Oquendo, in turn, contacted Godinez to ask how much cocaine Hileman could get for that amount of money. Godinez responded that Hileman could get twenty-one ounces, two of which would be "cut." On the morning of April 6, Oquendo and Godinez drove together in Godinez's station wagon to Effingham. During the trip, Godinez pointed to the console and said, "That's it," referring to the cocaine. Godinez told Oquendo the cocaine was attached to a coat hanger. In the hotel room, Hileman and Oquendo initially were alone. Hileman handed over the money to Oquendo. Godinez walked into the room, stayed briefly, then walked out of the room. He returned less than ten minutes later holding a bag. Godinez reached into the bag and grabbed a hanger that had two packages attached to it. He instructed Oquendo, in Spanish, to explain to Hileman how the cocaine was packaged. Oquendo, translating for Godinez, told Hileman that the packages contained "five and five and five and six."
Next, there is Hileman's testimony. He testified that on three or four occasions he bought cocaine directly from Godinez. Hileman also corroborated Oquendo's testimony relating to the April 6, 1995 controlled drug deal. He testified that Godinez went to his car, then returned with cocaine and stated that the hanger he was handing to Hileman contained "five and five on one end and five and six on the other end."
The events of April 6 were also substantially corroborated at trial by FBI Supervisory Special Agent Robert Dueker, who testified that he was able to see (on video) and hear the events that were occurring in Room 123. The video recording of the activity in Room 123 was shown in court.
Finally, as if Hileman's and Oquendo's testimony were not enough, physical evidence was presented at trial supporting Godinez's involvement in the April 6, 1995 controlled drug buy. Godinez's fingerprint was found on one of the interior Ziploc-type bags that contained...
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