U.S. v. Sanchez

• Decision Date: 01 June 1999
• Docket Number: No. 97-30002,97-30002
• Citation: 176 F.3d 1214
• Parties: 99 Cal. Daily Op. Serv. 4087, 1999 Daily Journal D.A.R. 5193 UNITED STATES of America, Plaintiff-Appellee, v. Charles J. SANCHEZ, Jr., Defendant-Appellant.
• Court: U.S. Court of Appeals — Ninth Circuit

Page 1214

176 F.3d 1214

99 Cal. Daily Op. Serv. 4087, 1999 Daily

Journal D.A.R. 5193

UNITED STATES of America, Plaintiff-Appellee, v. Charles J. SANCHEZ, Jr., Defendant-Appellant.

No. 97-30002.

United States Court of Appeals Ninth Circuit.

Argued and Submitted Feb. 1, 1999.

Decided June 1, 1999.

Wendy Holton, Helena, Montana, for the defendant-appellant.

C. Ed Laws, Assistant United States Attorney, Billings, Montana, for the plaintiff-appellee.

Appeal from the United States District Court for the District of Montana; Jack D. Shanstrom, District Judge, Presiding. D.C. No. CR-96-00004-1-JDS.

Before: ALARCON, RYMER and KLEINFELD, Circuit Judges.

ALARCON, Circuit Judge:

Charles Jesse Sanchez ("Sanchez") appeals from the judgment entered following his conviction by a jury of the crime of assisting federal offenders to avoid apprehension. He seeks reversal claiming that the prosecutor's misconduct materially affected the jury's verdict resulting in a miscarriage of justice. We agree and vacate the judgment of conviction and remand for a new trial.

I PERTINENT FACTS

Steve Denton and Dana Jo Thompson failed to appear for sentencing on February 3, 1995, for the crime of attempting to manufacture methamphetamine. On that date, they began an odyssey to escape sentencing and punishment for their crimes that took them to hotels and motels and various communities in several states. After their arrest, each of them entered into a plea agreement that required them to testify against those persons who allegedly aided them in their flight to escape apprehension.

A grand jury indicted Sanchez, Ray Ampher Farmer, John Austin Thompson, and David Charles Spencer on January 18, 1996 for assisting Denton and Dana Jo Thompson to prevent their apprehension and punishment. John Austin Thompson entered a plea of guilty on July 3, 1996, on condition that he testify as a government witness. He was promised a reduction in his sentence from five years to one year if he cooperated in the prosecution of Sanchez and Farmer. David Charles Spencer entered a plea of guilty on August 26, 1996. Ray Ampher Farmer went to trial with Sanchez and was also convicted. ¹

Denton was the key witness for the prosecution. He testified as follows: He met Sanchez in 1991. Thereafter, he supplied Sanchez with methamphetamine approximately every two weeks. In December of 1994, Denton and Dana Jo Thompson, his common-law wife, decided to flee to avoid sentencing for the crime of attempting to manufacture methamphetamine. They conducted a sale of their personal effects in late December or early January to finance their proposed flight to a foreign country. Sometime prior to the date set for sentencing, Denton told Sanchez he was "going to take off" because he did not want to go to prison or be separated from Dana Jo Thompson. He also asked Sanchez for his help in "getting some money together."

Prior to fleeing, Denton and Dana Jo Thompson stayed in Steve Braun's trailer. Sanchez came to Braun's trailer to purchase methamphetamine from Denton. On February 3, 1995, Denton and Dana Jo Thompson failed to appear for sentencing.

After Denton became a fugitive, he continued to supply Sanchez with methamphetamine. Denton relied primarily on the money he was paid by Sanchez for the drugs to subsidize his flight. Denton contacted Sanchez by telephone to inform him when Denton and Dana Jo Thompson moved to a different hotel or motel.

Farmer drove Denton to the Gran Tree Motel in Bozeman, Montana. Farmer paid for the room. Denton was registered under the name of Ray Farmer. Denton called Sanchez and Farmer from the Gran Tree Hotel to tell them he needed a car to move to another hotel.

On May 3, 1995, Denton and Dana Jo Thompson drove a Nissan truck to Farmer's house in Billings, Montana. They borrowed a car from Sanchez and drove it to Big Timber, Montana and registered in a motel. On May 4, 1995, Denton returned to Billings. He met Sanchez at Farmer's residence. Later on that day, Denton was a passenger in Sanchez's automobile, when Sanchez received a ticket for speeding. Before the police officer approached Sanchez's vehicle, Sanchez asked Denton if he wanted Sanchez "to run." Denton told him: "No, we will take our chances." Denton gave the officer a fictitious name.

Denton asked Sanchez to drive him to Big Timber. Sanchez declined, stating that he was tired. Sanchez called John Thompson and asked him to meet them at a truck stop in Laurel, Montana. There, they were met by John Thompson, Dana Jo Thompson's brother. John Thompson drove Denton to Big Timber, Montana in Sanchez's automobile.

When John Thompson and Denton arrived in Big Timber, they saw the police at the hotel. Denton directed John Thompson to drive off. Denton escaped capture. Dana Jo Thompson and her brother were arrested. Denton had no further contact with Sanchez after that date.

Dana Jo Thompson, John Thompson, and Steve Braun were called by the prosecution to corroborate Denton's testimony. Each of these witnesses testified that he or she did not tell Sanchez that Denton intended to flee to escape punishment. They also testified that they could not recall hearing Denton or anyone else tell Sanchez that Denton and Dana Jo Thompson were fugitives.

Telephone records corroborated the fact that Denton and Sanchez exchanged telephone calls after February 3, 1995. None of these telephone calls was recorded. None of the hotel registration records introduced as exhibits by the Government was signed by Sanchez, or reflected that he had arranged for Denton's lodging. Records from car rental agencies were also introduced. None of them reflected that Sanchez rented a car for Denton or Dana Jo Thompson.

Dan Walters, a police officer for the City of Billings, testified that he gave Sanchez a traffic ticket for driving at a speed of 46 miles per hour in a 35 miles per hour zone on May 4, 1995. Sanchez gave his true name, address, and telephone number. The passenger turned his head away suspiciously. The passenger had no identification.

Deputy United States Marshal Mike Fielder testified that he questioned Sanchez in June 1995 about Denton. Sanchez stated he did not know Denton. Officer Fielder showed Sanchez a photograph of Denton. Sanchez responded that he did not recognize the person in the photograph. During cross-examination, Officer Fielder testified that he made no written report of the conversation.

In presenting his defense, Sanchez testified that Denton supplied him with methamphetamine for his personal use periodically until May 5, 1995. He visited Denton two or three times between February 1, 1995, and May 5, 1995 to purchase drugs and to obtain title to a truck that he had purchased from Denton. He also sought Denton's assistance in obtaining possession of personal property he had purchased from Denton in December of 1994.

During that period of time, Sanchez received telephone calls from Denton. The purpose of these calls was to inform Sanchez of the name and location of the motel or hotel where Denton was presently sojourning. Sanchez testified he did not rent any automobiles for Denton, nor did he reserve or pay for Denton's hotel or motel accommodations.

Sanchez testified that he received a traffic ticket on May 4, 1995. Earlier that day, he was at Farmer's residence when Denton appeared. Denton borrowed Sanchez's automobile to get drugs for Sanchez. When Denton returned, Sanchez agreed to drive him to a Kwik-Way store to pick up a chain saw Denton had purchased. En route, Sanchez received a traffic ticket for speeding. Sanchez testified that he did not ask Denton if they should flee from the police.

When the officer asked Denton for his name, Denton gave him a fictitious name. The officers told Sanchez and Denton they could not drive the car because neither one had a driver's license. Sanchez and Denton walked across the street where Denton's friends were waiting. One of the friends drove the automobile to the County Market. There, Sanchez got into the car. Denton asked Sanchez to drive him to Big Timber. They drove to Farmer's house. Sanchez told his wife that Denton had given the police a fictitious name. She told Sanchez not to drive Denton to Big Timber.

Sanchez told Denton he would not drive him to Big Timber because he had used a false name. Sanchez asked Denton why the authorities were looking for him. Denton replied that it was probably because he had tested positive in a urinalysis test. Sanchez testified that Denton's response was significant because in December 1994 Denton had rented a room for Sanchez at the Fairfield Inn as partial payment for repairing Denton's truck. The room was registered in Denton's name. Sanchez heard a knock on the door, and a voice stated, "Room service." When Sanchez opened the door, United States Marshals asked for Denton. Sanchez told them that Denton was supposed to get some parts but did not return. They told Sanchez that Denton was wanted for a "dirty UA." The marshals did not inform Sanchez that Denton had fled from prosecution or punishment.

After Sanchez declined to drive Denton to Big Timber, Denton made a telephone call and then told Sanchez that John Thompson would meet them and drive Denton to Big Timber. Sanchez drove Denton to a truck stop in Laurel, Montana. There, John Thompson borrowed Sanchez's automobile. Sanchez drove Thompson's car to Farmer's residence.

Sanchez testified that he was never informed by Denton or anyone else that Denton had pleaded guilty to a drug charge and had not reported for sentencing. Sanchez was under the impression that Denton was on probation because probationers are required to submit to urinalysis tests. Sanchez was required to take such tests as a condition of his own probationary sentence for a state drug conviction.

Sanchez testified he did not drive Denton to Bozeman, Montana. He did not see Denton again from the date Sanchez received a ticket for speeding until after the date...