United States v. Sanchez, s. 14–1448

• Decision Date: 15 June 2015
• Docket Number: 14–2011.,Nos. 14–1448,14–2009,s. 14–1448
• Citation: 789 F.3d 827
• Parties: UNITED STATES of America, Plaintiff–Appellee v. Fidel SANCHEZ, Defendant–Appellant. United States of America, Plaintiff–Appellee v. Julian Marin Gutierrez, also known as Trinidad Pineda, Defendant–Appellant. United States of America, Plaintiff–Appellee v. Jose Sanchez Adame, Defendant–Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

789 F.3d 827

UNITED STATES of America, Plaintiff–Appellee

v.Fidel SANCHEZ, Defendant–Appellant.

United States of America, Plaintiff–Appellee

v.Julian Marin Gutierrez, also known as Trinidad Pineda, Defendant–Appellant.

United States of America, Plaintiff–Appellee

v.Jose Sanchez Adame, Defendant–Appellant.

Nos. 14–1448

14–2009

14–2011.

United States Court of Appeals, Eighth Circuit.

Submitted: Feb. 12, 2015.

Filed: June 15, 2015.

Patricia M. Hulting, argued, Des Moines, IA, for Appellant Fidel Sanchez.

James S. Nelsen, argued, West Des Moines, IA, for Appellant Julian Gutierrez.

Sean P. Spellman, argued, West Des Moines, IA, for Appellant Jose Sanchez Adame.

Kelly E. Mahoney, AUSA, argued, Virginia Bruner, AUSA, on the brief, Des Moines, IA, for appellee.

Before BYE, BEAM, and BENTON, Circuit Judges.

Opinion

BEAM, Circuit Judge.

A jury found Jose Sanchez Adame (Adame), Julian Marin Gutierrez and Fidel Sanchez guilty of conspiracy to distribute methamphetamine and also convicted Adame and Sanchez of distributing methamphetamine.¹ The defendants challenge the sufficiency of the evidence supporting their convictions. Sanchez also appeals the district court's² admission of certain evidence and claims he received ineffective assistance of counsel. We affirm.

I. BACKGROUND

The charges against the defendants arose from an extensive law enforcement investigation of the distribution of methamphetamine in and around Marshalltown, Iowa. The investigation spanned from the fall of 2010 through late 2012 and utilized, inter alia, confidential informants (CIs), police surveillance, and numerous controlled buys that were recorded. As a result of this investigation, a superseding indictment was filed charging Adame, Sanchez, Gutierrez and others with conspiracy to distribute 500 grams or more of a mixture or substance containing methamphetamine and 50 grams or more of actual methamphetamine, in violation of 21 U.S.C. §§ 841(a), (b)(1)(A), and 846. Count 5 of the indictment charged Adame with one count of distribution of 50 grams or more of methamphetamine, in violation of §§ 841(a)(1) and (b)(1)(A), and counts 24 through 28 each charged Sanchez with distribution of 5 grams or more of methamphetamine, in violation of §§ 841(a)(1) and (b)(1)(B). Several of the alleged co-conspirators pleaded guilty to various charges in the indictment, but Adame, Sanchez and Gutierrez asserted their innocence and proceeded to trial.

At trial, the government presented substantial evidence regarding the role each defendant played in the alleged conspiracy. A special agent with the United States Drug Enforcement Administration (DEA) testified that the DEA and the Mid–Iowa Drug Task Force began investigating Adame in the fall of 2010 after an individual whom they had arrested while in possession of a large amount of methamphetamine identified Adame as her source. The investigation quickly expanded to include other individuals believed to be part of a methamphetamine distribution ring in the Marshalltown area. The government presented testimony from numerous cooperating witnesses who discussed the prominent role Adame played in the distribution ring. These witnesses described a pattern in which Adame and his brother, Jose Luis Sanchez Adame (Luis) regularly fronted them distribution-quantities of methamphetamine, typically ranging from one to eight ounces.³ The individuals then sold the drugs and provided payment to Adame and Luis. The government provided corroborating evidence in support of these witnesses's testimonies, including filmed footage of numerous controlled buys and drugs obtained during these buys, drugs and cash seized during searches of several witnesses's vehicles or homes, and audio recordings of telephone calls in which Adame and Luis discussed distribution of methamphetamine and collection of proceeds from drug sales. The government also presented evidence that Adame and other high-level dealers supplied methamphetamine to each other, particularly when one of the dealers was unable to obtain drugs from his or her regular sources. One witness testified that these dealers “constantly” relied on each other for methamphetamine, and he explained “that's how Marshalltown works.” Another witness testified that the Marshalltown drug community is small, and the witness agreed that “everybody's in everybody else's business.”

The government also presented evidence that on at least one occasion Adame personally distributed methamphetamine. On May 4, 2011, officers set up a controlled buy between Adame and a customer who cooperated with law enforcement. The customer met with Adame and gave him $2,000 as partial payment for three ounces of methamphetamine. Later that day, the customer met with one of Adame's associates, Antonio Cebrero Mendiola, who collected the remainder of the payment and delivered the methamphetamine. Adame's role in this sale provided the basis for the distribution charge alleged against him in count 5 of the indictment.

At trial, a substantial portion of the government's evidence centered around Mendiola's⁴ and Gutierrez's distribution activities in 2012. Mendiola began working for Adame in or about 2009, and his role primarily involved collecting money and delivering methamphetamine to Adame's customers. In December 2011, Mendiola and Adame supposedly had a “falling out” over money. Shortly thereafter, Mendiola started collaborating with Gutierrez and Kyla Forbes to buy, process and sell methamphetamine. Gutierrez obtained methamphetamine for Mendiola through a variety of channels, and they used Forbes's garage to process and store the drugs.⁵ Mendiola also kept methamphetamine in a storage unit. Mendiola, Gutierrez and others maintained several bank accounts into which they deposited proceeds from methamphetamine sales.

The government presented evidence that Adame and Mendiola facilitated one another's distribution activities even after their supposed falling out. On March 15, 2012, officers intercepted a phone call between Luis and Adame in which Luis indicated that he hoped to receive $20,000 in drug proceeds by the following day. That same evening, officers observed a silver Ford Edge arrive at Luis's home and then travel to a motel. The next day, officers observed the Ford Edge travel to Mendiola's house, Luis's house, and multiple locations where Mendiola and Gutierrez stored methamphetamine, including Forbes's garage and Mendiola's storage unit. On March 18, 2012, officers stopped the vehicle and in a subsequent search discovered $134,690 in cash hidden in the bumper and packaged in black electrical tape, which was consistent with the manner in which Mendiola and Gutierrez packaged drug proceeds. In addition, a witness testified that in the fall of 2012, Gutierrez told her that Adame owed him $30,000 for methamphetamine. There is also some evidence that as late as October 2012 Forbes obtained distribution-quantities of methamphetamine from Raymundo Calderon, who delivered drugs and collected money for Adame. Finally, a cooperating witness testified that he engaged in a methamphetamine transaction in which Adame and Gutierrez jointly sold him five or six ounces of methamphetamine. The witness further indicated that he saw Gutierrez at Adame's house “on different occasions.”

The government also offered substantial evidence regarding Sanchez's role in the alleged conspiracy. Several witnesses testified that Sanchez worked primarily as a driver for Calderon while he delivered methamphetamine and collected money for Adame. In addition, witnesses testified that they observed Sanchez either package or distribute methamphetamine. The government also presented audio and video footage and other evidence of five controlled buys during which Sanchez and Calderon allegedly sold methamphetamine to a CI. Each of the controlled buys took place in the CI's home. Sanchez's arguments on appeal stem primarily from the district court's admission of evidence related to these controlled buys.

The first controlled buy took place on July 19, 2012 (“July 19th Buy”). The government's footage of the buy depicts the CI handing a stack of money to Sanchez, and Sanchez appears to count the money several times. Calderon then hands something to the CI, and the CI asks “is this one?” Either Calderon or Sanchez replies, “no, two.” After the buy, officers recovered two ounces of methamphetamine from the CI, and these drugs were admitted as an exhibit at trial. Sanchez did not object to any of the government's evidence related to the July 19th Buy.

The second controlled buy occurred on July 27, 2012 (“July 27th Buy”). The footage of the buy depicts two men entering the CI's home. However, the footage is somewhat blurry and the angle of the camera makes it difficult to identify the two men. The DEA agent involved testified that, based on the surveillance law enforcement had outside of the CI's home, he could “definitively” say that the two men were Sanchez and Calderon. Sanchez's counsel objected to this testimony on the grounds that the video was barely clear and that it was the jury's role to determine who was portrayed in the footage. The district court overruled this objection. The video appears to depict the CI and Calderon discussing the price of the methamphetamine and a drug debt the CI owed. The CI then hands money to Calderon, and Sanchez in turn hands something to the CI. After the buy, the CI turned over a clear baggie that contained methamphetamine. At trial, the government introduced these drugs as Exhibit 2.14. Sanchez objected to the admission of Exhibit 2.14 on the grounds that the coloring of the drugs (off-white amber hue) did not match the description the agent provided in his DEA–6 report (off-white with red flecks). Sanchez did not, however, make a chain-of-custody objection. The district court overruled Sanchez's objection and admitted Exhibit 2.14 into evidence. The third and fourth controlled buys took place, respectively, on August 2 and August 6 of...