U.S. v. Rangel-Arreola

• Decision Date: 05 May 1993
• Docket Number: D,RANGEL-ARREOL,No. 91-2190,91-2190
• Citation: 991 F.2d 1519
• Parties: 38 Fed. R. Evid. Serv. 1160 UNITED STATES of America, Plaintiff-Appellee, v. Robertoefendant-Appellant.
• Court: U.S. Court of Appeals — Tenth Circuit

Page 1519

991 F.2d 1519

38 Fed. R. Evid. Serv. 1160

UNITED STATES of America, Plaintiff-Appellee, v. Roberto RANGEL-ARREOLA, Defendant-Appellant.

No. 91-2190.

United States Court of Appeals Tenth Circuit.

May 5, 1993.

Presiliano A. Torrez, Asst. U.S. Atty. (Don J. Svet, U.S. Atty., with him on the brief), Albuquerque, NM, for plaintiff-appellee.

William J. Rapp, Cincinnati, OH, for defendant-appellant.

Before MOORE, BRORBY, and EBEL, Circuit Judges.

BRORBY, Circuit Judge.

Mr. Roberto Rangel-Arreola was convicted of possession of marijuana with intent to distribute and conspiracy to do the same in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B), 846, and 18 U.S.C. § 2. On appeal, Mr. Roberto Rangel contends there was insufficient evidence to convict him on the conspiracy charge, and further alleges the district court erred by excluding evidence by declining to recognize his "minimal role" in the offense, and by failing to require strict compliance with Fed.R.Crim.P. 32. For the reasons stated herein, we affirm the district court.

I. Background

At approximately 8:00 p.m. on November 30, 1990, the codefendant, Jose Luis Castillo-Salinas, was stopped at a United States border patrol checkpoint located on Interstate 10, west of Las Cruces, New Mexico. After detecting nervous behavior, border patrol agents referred Mr. Castillo to the secondary inspection station. Upon further questioning, Mr. Castillo consented to a search of his semi-tractor. Agents located an obstruction in the gas tank and then, with the use of a trained dog, discovered 472 pounds of marijuana hidden in compartments within the fuel tanks.

Later the same evening, at about 2:00 a.m. on December 1, the appellant, Mr. Rangel, was stopped at the same border patrol checkpoint. Border patrol agents questioned Mr. Rangel about his citizenship, ownership of the vehicle, and destination before referring him to the secondary inspection station. At the secondary inspection, agents noticed that the fuel tanks on Mr. Rangel's semi-tractor had been tampered with. Mr. Rangel consented to a canine inspection of the vehicle whereupon the agents discovered approximately 432 pounds of marijuana hidden in compartments inside the fuel tanks. After arresting Mr. Rangel, agents discovered in his suitcase a certificate of insurance issued in the name of Mr. Rangel, but covering the vehicle driven by Mr. Castillo.

Mr. Rangel was convicted on two counts: (1) conspiracy to possess with intent to distribute more than 100 kilograms of marijuana in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B), 846, and 18 U.S.C. § 2, and (2) possession with intent to distribute more than 100 kilograms of marijuana in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B), and 18 U.S.C. § 2. Mr. Rangel was sentenced to seventy-eight months as to each count of conviction, the sentences to run concurrently.

Mr. Rangel appeals his conviction and sentence on the following grounds: (1) insufficient evidence to sustain a conviction on the conspiracy charge; (2) the district court erred by excluding certain evidence; (3) the court erred in sentencing by failing to consider Mr. Rangel's minimal role; and (4) the court erred by not requiring strict compliance with Fed.R.Crim.P. 32 at sentencing. ¹ We affirm the district court.

II. Sufficiency of the Evidence

Mr. Rangel contends the government presented insufficient evidence to sustain the conspiracy conviction. "In evaluating the sufficiency of the evidence, we must view the evidence--both direct and circumstantial, together with all reasonable inferences to be drawn therefrom--in the light most favorable to the government." United States v. Hooks, 780 F.2d 1526, 1529 (10th Cir.) (citing Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 469, 86 L.Ed. 680 (1942)), cert. denied, 475 U.S. 1128, 106 S.Ct. 1657, 90 L.Ed.2d 199 (1986). The appropriate standard of review for a case involving a criminal conviction "is whether a reasonable jury could have found the defendant guilty beyond a reasonable doubt." Hooks, 780 F.2d at 1531 (citing Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979)). In a conspiracy trial, caution must be taken to be sure the conviction was not obtained " 'by piling inference upon inference.' " United States v. Fox, 902 F.2d 1508, 1513 (10th Cir.) (quoting United States v. Butler, 494 F.2d 1246, 1252 (10th Cir.1974)), cert. denied, 498 U.S. 874, 111 S.Ct. 199, 112 L.Ed.2d 161 (1990).

To find a defendant guilty of a drug trafficking conspiracy under 21 U.S.C § 846, the government must establish the following: (1) the defendant and one or more persons agreed to violate federal narcotics law, (2) the defendant knew at least the essential objectives of the conspiracy, (3) the defendant knowingly and voluntarily became a part of the conspiracy, and (4) interdependence existed among the defendant and his or her alleged coconspirators. United States v. Evans, 970 F.2d 663, 668 (10th Cir.1992), cert. denied, --- U.S. ----, 113 S.Ct. 1288, 122 L.Ed.2d 680 (1993). ² "[T]he government may establish these elements by direct or circumstantial evidence." Id. In order to demonstrate that Mr. Rangel and Mr. Castillo were involved in a single conspiracy, the government must show there existed " 'a unity of purpose or a common design and understanding' " between the coconspirators to possess marijuana with the intent to distribute. United States v. Harrison, 942 F.2d 751, 755 (10th Cir.1991) (citing Fox, 902 F.2d at 1514). ³

Upon review of the record, we find the following evidence sufficient to sustain Mr. Rangel's conspiracy conviction. Both Mr. Rangel and Mr. Castillo drove similar vehicles insured by the same company and registered under the name Carlos Munoz. The vehicles contained similar hidden compartments in the fuel tanks and each compartment concealed over 400 pounds of marijuana. Prior to beginning their journey, both men stayed at the All Star Inn in El Paso. Both men reached the border patrol checkpoint only five hours apart and both claimed they were driving their trucks toward Arizona to pick up trailers for a friend. The government also presented testimony that both men had an ongoing business relationship with Mr. Munoz. Thus, there was sufficient evidence for the jury to conclude that both Mr. Rangel and Mr. Castillo were driving the trucks for Mr. Munoz. Moreover, a certificate of insurance for the vehicle driven by Mr. Castillo was issued in the name of Mr. Rangel and found in Mr. Rangel's suitcase.

From the evidence presented, the jury could reasonably have concluded that Mr. Castillo and Mr. Rangel were involved in a single marijuana smuggling operation organized by Carlos Munoz and that the requirements of a drug trafficking conspiracy under 21 U.S.C. § 846 were satisfied. Clearly, an agreement to violate the law existed. "[T]he circumstances, acts, and conduct of the parties are of such a character that the minds of reasonable men may conclude therefrom that an unlawful agreement exists." United States v. Kendall, 766 F.2d 1426, 1431 (10th Cir.1985), cert. denied, 474 U.S. 1081, 106 S.Ct. 848, 88 L.Ed.2d 889 (1986). The agreement need not be explicit, but may be inferred from the circumstances. Fox, 902 F.2d at 1514 (citing Kendall, 766 F.2d at 1431).

The jury could likewise reasonably conclude that Mr. Rangel knew the essential objective of the conspiracy was to distribute large quantities of marijuana, and knowingly and voluntarily joined the conspiracy. The government presented sufficient evidence to show that the "defendant shared a common purpose or design with his alleged coconspirators." Evans, 970 F.2d at 669. Although the codefendants claimed they did not know each other, " '[s]everal persons may be parties to a single conspiracy even if they have never directly communicated with one another; the question is whether they are aware of each other's participation in a general way and have a community of interest.' " Harrison, 942 F.2d at 756 (quoting W. LaFave & A. Scott, Jr., Handbook on Criminal Law § 62, at 470 (1972)).

Finally, sufficient evidence existed to establish the essential element of interdependence among the coconspirators. "The activities of [the] alleged co-conspirators in one aspect of the charged scheme were necessary or advantageous to the success of the activities of co-conspirators in another aspect of the charged scheme, or the success of the venture as a whole." United States v. Daily, 921 F.2d 994, 1007 (10th Cir.1990), cert. denied, --- U.S. ----, 112 S.Ct. 405, 116 L.Ed.2d 354 (1991). Therefore, Mr. Rangel's and Mr. Castillo's activities were interdependent.

III. Exclusion of Evidence

Mr. Rangel next contends the district court erred when it excluded the testimony of three witnesses for the defense. Mr. Rangel proposed to offer into evidence the testimony of two truck drivers and an investigator to show that it was common practice for truck drivers to accept trucking jobs without checking the fuel tanks or insurance and without knowing the purpose of their journey.

Upon appeal, we review a district court's decision to exclude evidence for an abuse of discretion. Boren v. Sable, 887 F.2d 1032, 1033 (10th Cir.1989). " 'Under the abuse of discretion standard, a trial court's decision will not be disturbed unless the appellate court has a definite and firm conviction that the lower court made a clear error of judgment or exceeded the bounds of permissible choice in the circumstances.' " McEwen v. City of Norman, 926 F.2d 1539, 1553-54 (10th Cir.1991) (quoting United States v. Ortiz, 804 F.2d 1161, 1164 n. 2 (10th Cir.1986)).

A. Habit Evidence

Mr. Rangel contends the excluded testimony was relevant as habit evidence tending to support his defense that he had no knowledge of the marijuana. We disagree.

Under Fed.R.Evid. 406, certain habitual or routine conduct is considered relevant even though the conduct involves different events...