United States v. Herrera
Decision Date | 27 October 2022 |
Docket Number | 19-2126,19-2141,19-2195 |
Parties | UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CARLOS HERRERA, a/k/a Lazy, Defendant-Appellant. UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DANIEL SANCHEZ, a/k/a Dan, Defendant-Appellant. UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY RAY BACA, a/k/a Pup, Defendant-Appellant. |
Court | U.S. Court of Appeals — Tenth Circuit |
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO (D.C. Nos. 2:15-CR-04268-JB-25, 2:15-CR-04268-JB-18 2:15-CR-04268-JB-21)
Ryan J. Villa, The Law Office of Ryan J. Villa, Albuquerque, New Mexico, for Defendant-Appellant Carlos Herrera; Josh Lee Assistant Federal Public Defender, Office of the Federal Public Defender, Districts of Colorado and New Mexico (Virginia L. Grady, Federal Public Defender, with him on the briefs), Denver, Colorado, for Defendant-Appellant Daniel Sanchez; and Theresa M. Duncan, Duncan Earnest LLC, Santa Fe New Mexico, for Defendant-Appellant Anthony Ray Baca.
Richard Williams, Assistant United States Attorney (Fred J. Federici, Acting United States Attorney, with him on the briefs), Las Cruces, New Mexico, for Plaintiff-Appellee.
Before BACHARACH, BRISCOE, and McHUGH, Circuit Judges.
A. The district court severed the case into multiple trials......9
B. The government continued to furnish discovery during and even after the trial.......9
C. The government furnished much of the discovery through tablets, which the cooperating witnesses allegedly viewed to coordinate their testimony.......9
D. The government attributed the Molina murder to orders issued by Mr. Baca, Mr. Sanchez, and Mr. Herrera.......10 (1) Mr. Baca allegedly ordered the "hit" on Javier Molina.......10
(2) Mr. Baca also allegedly planned the murder of two corrections officials........10
(3) Mr. Herrera allegedly gave the Molina paperwork to Mr. Rodriguez and Mr. Sanchez.......11
A. The government must disclose evidence that's favorable, that's in its possession, and that's material.......12
B. We use different standards for reviewing the district court's legal conclusions and factual findings.......14
C. The government delayed many of its disclosures.......14
D. The recording of Mr. Rodriguez's phone call with his mother was not material .........15
(1) The Rodriguez recording didn't bear materially on Mr. Baca's guilt .......16
(2) Nor was the recorded phone call material as to Mr. Herrera or Mr. Sanchez........23
E. The government did not commit a due process violation by delaying disclosure of Mr. Urquizo's recorded phone calls about the discovery tablets.......23
(1) We review for plain error because the Defendants failed to preserve their challenges to the Urquizo recordings........24
(2) Mr. Baca does not satisfy the plain-error standard because the government had not obviously suppressed the Urquizo recordings.......26 F. The government did not deny due process to the Defendants by delaying disclosure of the FBI's typed notes.......30
G. The government did not violate due process by delaying disclosure of an FBI questionnaire about SNM.......33
H. Considered cumulatively, the late-disclosed evidence was not material........36
(1) Mr. Sanchez and Mr. Baca preserved a general Rule 403 argument, triggering the abuse-of-discretion standard.....38
(2) Mr. Sanchez and Mr. Baca forfeited two of their arguments.......40
(3) Even without a waiver, the Defendants' new appellate arguments would fail under the plain-error standard.......44
(1) Mr. Sanchez and Mr. Herrera generally preserved their arguments on probative value.......57
(2) The district court did not abuse its discretion in applying Rule 404(b)........59
(3) The district court did not abuse its discretion in applying Rule 403........60
(1) Mr. Sanchez and Mr. Baca waived the issue involving severance of Defendants based on the out-of-court statements.....73
(2) Mr. Sanchez and Mr. Baca failed to timely file pretrial motions to sever the case as to the defendants.......74
(3) The district court did not raise the issue........79
(4) Without good cause, Mr. Sanchez and Mr. Baca waived their arguments under Rule 14 for severance of Defendants based on the recorded statements.......81
(5) Even without a waiver, the district court would not have erred when declining to sever the case as to the defendants.......82
(a) The district court did not err in declining to sever the Defendants based on the government's recordings.......83
(i) Mr. Sanchez and Mr. Baca had not shown actual prejudice........83
(ii) Even if actual prejudice had otherwise existed, the district court enjoyed discretion to alleviate the prejudice through limiting instructions................... 88
A. We apply the abuse-of-discretion standard .........92
B. The district court did not err in denying Mr. Herrera's first request for a continuance .........93
C. The district court did not err in denying the Defendants' second motion for a continuance........98
A. Because the constitutional argument is not jurisdictional, the Defendants needed to make this argument in a pretrial motion to dismiss........107
B. The Defendants failed to raise the constitutional challenge in a timely pretrial motion........113
(1) Preservation didn't require Mr. Herrera to make an offer of proof ........117
(2) The ruling was definitive........118
This case arises from the murder of a state inmate and conspiracy to murder two corrections officials. The government attributed the crimes to a prison gang, Sindicato de Nuevo Mexico ("SNM"), and charged many of its members under the Violent Crimes in Aid of Racketeering Act ("VICAR"). See 18 U.S.C. § 1959.
This appeal involves the charges against three SNM members (Anthony Ray Baca, Daniel Sanchez, and Carlos Herrera). After a six-week jury trial, they were convicted of (1) conspiring to murder a fellow SNM member (Javier Molina) (Count 6) and (2) aiding and abetting that murder (Count 7). Mr. Baca was also convicted of conspiring to murder two corrections officials (Counts 9-10).
Mr. Baca, Mr. Herrera, and Mr. Sanchez appeal based on eight arguments:
We reject these arguments and affirm.
A. The district court severed the case into multiple trials.
The indictment covered not only Mr. Herrera, Mr. Sanchez, and Mr Baca, but also nineteen other SNM...
To continue reading
Request your trial