U.S. v. Molina
| Decision Date | 12 April 1999 |
| Docket Number | Nos. 98-1432,98-1433 and 98-1434,s. 98-1432 |
| Citation | 172 F.3d 1048 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Martha MOLINA, also known as Martha Molina DeRangel, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Sergio Rolando Fraga, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Luis Marinae Corona, also known as Jorge Carrio, Pedro Dajer, George Carrio, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Michael L. Cheever, Assistant U.S. Attorney, Minneapolis, MN, argued, for Plaintiff-Appellee.
Kevin M. O'Brien, Minneapolis, MN, argued, for Defendant-Appellant Martha Molina.
Richard H. Kyle, Jr., Minneapolis, MN, argued, for Defendant-Appellant Sergio Rolando Fraga.
Virginia G. Villa, Minneapolis, MN, argued, for Defendant-Appellant Luis Marinae Corona.
Before HANSEN, LAY and MURPHY, Circuit Judges.
Following a jury trial, the district court 1 entered judgment convicting Martha Molina, Luis Marinae Corona, and Sergio Rolando Fraga of conspiracy and various cocaine trafficking offenses. The district court sentenced Molina and Corona each to serve 137 months in prison, and ordered Fraga to serve 78 months in prison. The defendants appeal their respective convictions and various aspects of their respective sentences. We affirm.
On January 2, 1997, a confidential informant told Minneapolis police officer Louis Porras that a woman named Molina and her boyfriend, Fraga, were trafficking in cocaine. Working undercover, Officer Porras telephoned Molina to arrange a controlled buy at a specified time and location. After meeting Molina and Fraga at the designated location, Porras purchased one-half ounce of cocaine. Porras audiotaped the telephone conversation and the controlled buy.
Over the next few days, Porras twice met with Molina and Fraga. On each separate occasion, Porras purchased one ounce of cocaine for $1,000. The police videotaped each meeting.
After conducting the controlled buys, Officer Porras and the Minneapolis Police discovered that Molina, Fraga, and Molina's brother, Corona, were associated with an address at 3932 Aldrich Avenue South in Minneapolis. After ascertaining the address, Minneapolis police asked the United The interception of the kilogram of cocaine prompted the police to initiate one final controlled buy with Molina and Fraga. Officer Porras contacted Molina to arrange the transaction. Molina and Officer Porras once again conversed over the telephone. Officer Porras once again recorded the conversation. During the recorded conversation, Officer Porras arranged to purchase five ounces of cocaine for $4,500.
States Post Office and various overnight delivery services to "flag" any mail addressed to 3932 Aldrich Avenue South. On January 7, 1997, the United States Post Office informed the Minneapolis Police Department that an overnight package addressed to 3932 Aldrich Avenue South was received at a postal station in St. Paul. The police obtained a warrant to search the package, wherein they discovered one kilogram of cocaine.
Police officers followed Fraga and Corona from 3932 Aldrich Avenue South to a Minneapolis store called Best Buy where Officer Porras surrendered $4,500 in exchange for five ounces of cocaine. Immediately after this exchange, the police arrested Fraga and Corona, and obtained a warrant to search the 3932 Aldrich Avenue South premises. Upon entering and searching the residence, the police discovered 1.4 grams of crack cocaine, packaging material, gram scales, and $5,000 in cash. The police also discovered a handwritten note containing a tracking number that corresponded to the package of cocaine that was intercepted by the police. The note contained only Molina's handwriting. Finally, the police discovered a handgun in Corona's bedroom. Corona was, at that time, a thrice-convicted felon.
The police questioned the trio at the Aldrich Avenue South residence. Although the police maintain that all three admitted they lived at 3932 Aldrich Avenue South, only Fraga admitted responsibility for the cocaine. In fact, Fraga told the police that he alone was responsible for the cocaine transactions and that his co-residents were innocent. Fraga later executed an affidavit in which he again accepted sole responsibility for the cocaine, and asserted that Molina and Corona were mere bystanders.
On March 5, 1997, a federal grand jury returned a six-count superceding indictment charging that Molina, Fraga, and Corona were engaged in a conspiracy to distribute cocaine in violation of 21 U.S .C. §§ 846 and 841(b)(1)(B). In addition, the indictment charged Molina with two counts of distributing cocaine in violation of 21 U.S.C. § 841(a)(1), and one count of attempting to possess with intent to distribute one kilogram of cocaine in violation of 21 U.S.C. § 846. The indictment charged Corona with distributing approximately 142 grams of cocaine in violation of 21 U.S.C. § 841(a)(1), and being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The indictment also charged Fraga with three counts of cocaine distribution in violation of 21 U.S.C. § 841(a)(1). Trial commenced on May 27, 1997. At trial, Molina and Corona presented Fraga's innocent bystander assertions to the jury. Fraga even testified that he alone was responsible for the cocaine. The jury, however, returned guilty verdicts against the three defendants on all counts with which they were charged.
At separate hearings on January 13, 1998, the district court sentenced Fraga, Molina, and Corona. Based upon the United States Probation Office's presentence investigation report and the applicable provisions of the United States Sentencing Guidelines, the district court sentenced Fraga to 78 months in prison. In calculating Fraga's sentence, the district court attributed the one kilogram of cocaine to him as relevant conduct and imposed a two-level enhancement for obstruction of justice. With regard to Corona, the district court found that he was a career offender and that his guideline range was 262 to 327 months in prison. The district court found, however, that the Guideline's career offender provision overstated Corona's criminal history. Accordingly,
the district court granted Corona's downward departure motion and sentenced him to 137 months in prison. Finally, with regard to Molina, the district court found that she was a leader, organizer or supervisor of criminal activity. The district court also found that she qualified as a career offender. As a career offender, her sentencing range pursuant to the Guidelines was 360 months to life in prison. Again, however, the district court found that the career offender provision overstated the defendant's criminal history. Accordingly, the district court granted Molina's motion for a downward departure and sentenced her to 137 months in prison. All three defendants appeal their convictions. Fraga and Corona also appeal their sentences. The government does not appeal the downward departure given to Molina and Corona.
Admission of Rule 404(b)
During the trial, the district court permitted the government to introduce Molina's 1988 felony cocaine trafficking convictions and her 1993 misdemeanor conviction for possession of cocaine. Molina challenges the district court's decision to admit such evidence. Fraga challenges the district court's decision to allow the admission of the police officers' recovery of the 1.4 grams of crack cocaine that was discovered in his and Molina's shared bedroom during the January 7, 1997, search of his residence. The recovery of the 1.4 grams was not charged as a count against him in the indictment. Fraga argues that the district court erred when it permitted the jury to consider such evidence.
Federal Rule of Evidence 404(b) prohibits the admission at trial of evidence of an accused individual's prior bad acts if the evidence is offered to show that the accused acted in conformity with her prior bad acts. See Fed.R.Evid. 404(b). Rule 404(b) does permit the admission of an accused individual's prior bad acts if the evidence is offered for a nonpropensity related purpose "such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident." Id. Rule 404(b) is a rule of inclusion that prohibits the admission of evidence only when it is offered solely to prove a defendant's criminal propensity. United States v. Yellow, 18 F.3d 1438, 1441 (8th Cir.1994).
This court employs a four-factor test for evaluating the admissibility of Rule 404(b) evidence. Under the test, a district court may find that prior bad act evidence is admissible if it is (1) relevant to a material issue, (2) proven by a preponderance of the evidence, (3) greater in probative value than prejudicial effect, and (4) similar in kind and close in time to the offense charged. See United States v. Benitez-Meraz, 161 F.3d 1163, 1166 n. 3 (8th Cir.1998); United States v. Logan, 121 F.3d 1172, 1178 (8th Cir.1997). A district court has broad discretion when deciding whether to admit or exclude prior bad act evidence, and this court will disturb a district court's decision only if we find that the evidence has no bearing on the case. See United States v. Green, 151 F.3d 1111, 1113 (8th Cir.1998); United States v. Shoffner, 71 F.3d 1429, 1432 (8th Cir.1995).
At trial, Molina argued that she was merely an innocent bystander during the drug transactions. Her past convictions were relevant to refute such an assertion. The convictions demonstrated that she had a working knowledge of the drug trafficking trade, which cast doubt upon her defense that she was Fraga's uninvolved companion. Any prejudicial effect that might have resulted from the admission of such evidence is outweighed by the probative value gained from directly contradicting...
To continue reading
Request your trial
-
U.S. v. Harris
...of the Eighth Circuit soon, either by the Eighth Circuit Court of Appeals or by the Supreme Court itself. See United States v. Molina, 172 F.3d 1048, 1057 (8th Cir.1999) (the appellate court would not reach the defendant's argument that treating drug quantity as a sentencing factor rather t......
-
Walters v. Maschner
...75 F.3d 374, 378 (8th Cir.1996). Such bad acts are not governed by Rule 404(b). Phelps, 168 F.3d at 1057-58. United States v. Molina, 172 F.3d 1048, 1055 (8th Cir.1999), cert. denied sub nom. Corona v. United States, 528 U.S. 893, 120 S.Ct. 221, 145 L.Ed.2d 186 (1999). This interpretation o......
-
Honken v. United States
...crime are not extrinsic and [Rule 404(b)'s prohibition against using character evidence] does not apply.”); United States v. Molina, 172 F.3d 1048, 1055 (8th Cir.1999) (explaining that evidence of another crime is not extrinsic if it “is so intertwined with the offense of conviction that pr......
-
United States v. McBride
...crack sale lessened its weight, but the judge was still free to deem it more probative than prejudicial.”); United States v. Molina, 172 F.3d 1048, 1055 (8th Cir.1999) (“The district court also did not abuse its discretion by admitting evidence of the 1.4 grams of crack cocaine that was fou......
-
Kumho Tire Company: the Expansion of the Court's Role in Screening Every Aspect of Every Expert's Testimony at Every Stage of the Proceedings
...and toxicologist not qualified to testify regarding the cause of birth defects based upon review of selected literature). 153. 172 F.3d 1048 (8th Cir. 1999). See United States v. Harris, 192 F.3d 580, 588 (6th Cir. 1999) (upholding a police officer's expert testimony "as to the methods and ......
-
Kumho Tire Company: the Expansion of the Court's Role in Screening Every Aspect of Every Expert's Testimony at Every Stage of the Proceedings
...and toxicologist not qualified to testify regarding the cause of birth defects based upon review of selected literature). 153. 172 F.3d 1048 (8th Cir. 1999). See United States v. Harris, 192 F.3d 580, 588 (6th Cir. 1999) (upholding a police officer's expert testimony "as to the methods and ......