U.S. v. Labrada-Bustamante
| Decision Date | 10 November 2005 |
| Docket Number | No. 04-30082.,No. 04-30159.,No. 04-30189.,No. 04-30175.,04-30082.,04-30159.,04-30189.,04-30175. |
| Citation | 428 F.3d 1252 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Armando LABRADA-BUSTAMANTE, Defendant-Appellant. United States of America, Plaintiff-Appellee-Cross-Appellant, v. Catalino Baranda-Gallardo, Defendant-Appellant-Cross-Appellee. United States of America, Plaintiff-Appellee, v. Roberto Duarte-Cruz, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Nicholas Marchi, Carney & Marchi, P.S., Kennewick, Washington, for appellant Armando Labrada-Bustamante.
James E. Egan, Kennewick, Washington, for appellant Roberto Duarte-Cruz.
Sam Swanberg, Law Offices of Sam Swanberg, Kennewick, Washington, for appellant/cross-appellee Catalino Baranda-Gallardo.
K. Jill Bolton, Assistant United States Attorney, Yakima, Washington, for appellee/cross-appellant United States of America.
Appeal from the United States District Court for the Eastern District of Washington; Edward F. Shea, District Judge, Presiding. D.C. Nos. CR-03-02098-EFS, CR-03-02099-EFS, CR-03-02097-EFS.
Before: GOULD, TALLMAN, and RAWLINSON, Circuit Judges.
Defendants Armando Labrada-Bustamante (Labrada), Roberto Duarte-Cruz (Duarte), and Catalino Baranda-Gallardo (Baranda) were convicted by a jury in the United States District Court for the Eastern District of Washington of conspiracy to distribute a controlled substance, methamphetamine (meth), in violation of 21 U.S.C. § 846. After determining that the quantity of meth involved in the proposed sale was five pounds, the court sentenced both Labrada and Duarte to 151-month terms of imprisonment. Baranda was sentenced to a term of 87 months. The defendants appealed, and the government cross-appealed Baranda's sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291. For the reasons discussed below, we affirm the convictions, vacate the sentences, and remand to the district court for re-sentencing.
In February of 2003, Drug Enforcement Agent Alonzo Garza was contacted by an informant, who indicated that an individual in Phoenix, Arizona, was willing to bring approximately forty pounds of meth to Yakima, Washington. Agent Garza traveled to Phoenix and met with Jesus Martin Terrazas, who stated that he could supply the amount of meth through a man named Roberto. Terrazas then introduced Agent Garza to Duarte and Labrada.
Labrada told Agent Garza that he could supply the forty pounds of meth, but, because the two did not know each other, he preferred to start with five pounds. Labrada quoted Agent Garza a price of $12,000 per pound—more expensive than the meth in Yakima because, according to Labrada, it was pure and coming directly from Mexico. Labrada also stated that Agent Garza could "cut it up to four times," making four pounds out of one.
Terrazas was subsequently arrested in Yakima during a meth transaction not involving Labrada or Duarte. Choosing to cooperate with the government, he contacted Duarte on behalf of Agent Garza to arrange a delivery of meth to Agent Garza in Yakima. Agent Garza and Duarte spoke several times to discuss the delivery of the five pounds of meth. Duarte told Agent Garza during one conversation that he could provide him with ice methamphetamine (ice) as well. They agreed that one pound of ice would be delivered in addition to the five pounds of meth. Although delivery was arranged, the drug deal was never consummated. The two sides lost contact until Duarte phoned Agent Garza to inquire whether Agent Garza was still interested in buying the meth. When Agent Garza replied that he was, the sale of five pounds of meth for $12,000 was again agreed upon.
Duarte called Agent Garza again because, according to Duarte, his "source" wanted to talk. Agent Garza identified that source as Labrada. Labrada indicated that he had a "hand" and "five fingers"—drug lingo for five pounds of product. Duarte and Labrada drove to Las Vegas to pick up Baranda, who then drove the three to Portland, Oregon. From Portland, Duarte contacted Agent Garza to negotiate a meeting locale. Agent Garza, Duarte, and Labrada eventually met at a Denny's in Union Gap, Washington. Baranda remained in a motel room rented by the defendants.
During the meeting, possible future transactions were discussed, and Labrada asked Agent Garza if the agent could supply a car with Washington plates equipped with a hidden compartment. The discussion eventually shifted to how the present transaction would be finalized. Labrada assured Agent Garza that he would not abscond with the money, even offering to be held by Agent Garza for ransom. After numerous unsuccessful attempts to reach mutually agreeable terms, the meeting concluded. Even as they were leaving, however, Labrada attempted to consummate a deal. He told Agent Garza that there was more meth in Phoenix and that if things went well, he could simply make a call and the product would be brought up to Yakima.
After the meeting concluded, the Drug Enforcement Administration (DEA) instructed the Washington State Patrol to stop defendants' car.1 DEA Agent Meliton Rodriguez, the local agent overseeing the investigation and undercover operation, arrived on the scene a few minutes after the stop. Agent Rodriguez, a native Spanish speaker, individually advised each defendant of his Miranda2 rights in Spanish using a DEA Form 13A.3 Duarte and Labrada said nothing in response except that they understood their rights. In response to Agent Rodriguez's suggestion that he knew Duarte and Labrada were in Yakima to sell meth, Baranda asked, "[d]id you ever think that there might be another car involved?" Baranda consented to a search of the vehicle; no drugs or weapons were found.
The defendants were taken to the DEA offices in Yakima, where Rodriguez separately interviewed each one. During questioning, Baranda admitted that he knew he was going to Washington to be involved in a drug deal. Duarte did not respond when told that the DEA knew he was involved in a drug deal. However, when asked if it was his intent to simply steal the money from Agent Garza, Duarte responded that it was not. Labrada admitted to Agent Rodriguez that he was in Yakima to do a drug deal with Agent Garza. When asked about the location of the meth, Labrada indicated that it was with a man named Ernesto, the source supplier of meth in Yakima. However, Ernesto was never located.
Duarte, Labrada, and Baranda were charged with one count of conspiracy to distribute a controlled substance in violation of 21 U.S.C. § 846. Labrada filed a motion to suppress statements made by him to Agent Rodriguez, which Duarte joined. At the suppression hearing, Agent Rodriguez testified that he read the Miranda warnings to each defendant, in Spanish and using a DEA Form 13A. He further testified that before questioning the defendants, he reminded them of their rights, summarized those rights, and asked them whether they understood those rights. Each defendant indicated that he did. No threats or promises were made to any of the defendants during the interviews.
Agent Gilliam, who was present during the interviews, corroborated Agent Rodriguez's testimony. Agent Gilliam testified that no defendant expressed any confusion about what those rights meant. The district court specifically found that Agent Rodriguez read each defendant his rights at the initial stop, summarized those rights at the station, and elicited a response that each defendant understood his rights. After considering the totality of the circumstances, the court ruled that the defendants' statements were voluntary, and the motion to suppress was denied.
After a three-day jury trial, the defendants were convicted as charged. For sentencing purposes, the court used the agreed upon amount of meth—five pounds—resulting in a base offense level of 34 and a sentence range of 151 to 188 months. U.S. Sentencing Guidelines Manual (USSG) § 2D1.1(c)(3) (2002).4 Labrada and Duarte were each sentenced to 151-month terms of imprisonment. Baranda was sentenced to 87 months in prison after the court sustained Baranda's collateral challenge to the California felony drug conviction used to calculate Baranda's criminal history score.
Labrada now challenges the district court's denial of his motion to suppress and his Rule 29 motion based on the sufficiency of the evidence. He also contends that he received ineffective assistance of counsel during sentencing and that the district court violated his Sixth Amendment rights by sentencing him based on a quantity of meth not found by the jury beyond a reasonable doubt. Duarte similarly challenges the denial of the motion to suppress and the district court's drug quantity determination. Duarte also contends that the "safety valve" factors under 18 U.S.C. § 3553(f) are unconstitutional because their consideration requires findings of fact by the district court and not a jury. Finally, Baranda challenges his sentence because it is based upon a factual finding, the quantity of meth, made by the district court and not a jury.
The government cross-appeals Baranda's sentence on the basis that the district court erred in allowing Baranda to collaterally challenge his prior conviction.
Labrada challenges the district court's denial of his motion to suppress, asserting that he could not have voluntarily or knowingly waived his rights because, as a Mexican national, he was not familiar with the United States' justice system and did not understand what his rights meant.
A decision on a motion to suppress is reviewed de novo. United States v. Charley, 396 F.3d 1074, 1079 (9th Cir.2005). "We review the voluntariness of a waiver of Miranda rights de novo." United States v. Younger, 398 F.3d 1179,...
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