US v. Jaime Castro

Filing 920100519

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-5236

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. JAIME AVELAR CASTRO, a/k/a Jaime Avelar-Castro, Defendant ­ Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:08-cr-00278-LMB-1)

Submitted:

April 22, 2010

Decided:

May 19, 2010

Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge.

NIEMEYER,

Circuit

Judge,

and

Affirmed by unpublished per curiam opinion.

John O. Iweanoge, II, IWEANOGE LAW CENTER, Washington, D.C., for Appellant. Dana Boente, United States Attorney, Joshua L. Rogers, Special Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Following a three-day trial, Jaime Avelar Castro was convicted by a jury of conspiracy to distribute cocaine, three counts of distribution of cocaine, and possession with intent to distribute cocaine, in violation of 21 U.S.C. §§ 2, 841(a)(1) & 846 (2006). of The district and court denied Castro's to motions for

judgment

acquittal on each

sentenced to be

Castro served

sixty

months' On

imprisonment

count,

concurrently.

appeal, Castro challenges the sufficiency of the evidence as to each count of conviction. Finding no error, we affirm.

Rule 29 of the Federal Rules of Criminal Procedure provides acquittal conviction. that where a district the court is must enter a judgment to sustain of a

evidence

insufficient

Fed. R. Crim. P. 29(a).

We review the district

court's denial of a Rule 29 motion for judgment of acquittal de novo. 2005). United States v. Alerre, 430 F.3d 681, 693 (4th Cir. A defendant challenging the sufficiency of the evidence United States v. Beidler, 110 F.3d

"bears a heavy burden."

1064, 1067 (4th Cir. 1997) (internal quotation marks omitted). The jury's verdict must be sustained "if there is substantial evidence, taking the view most favorable to the Government, to support it." Glasser v. United States, 315 U.S. 60, 80 (1942);

United States v. Abu Ali, 528 F.3d 210, 244 (4th Cir. 2008) (internal quotation marks and citations omitted), cert. denied, 2

129 S. Ct. 1312 (2009).

This court "ha[s] defined `substantial

evidence' as evidence that a reasonable finder of fact could accept as adequate and sufficient to support a conclusion of a defendant's guilt beyond a reasonable doubt." Alerre, 430 F.3d In both

at 693 (internal quotation marks and citations omitted). reviewing for substantial evidence, we consider

circumstantial and direct evidence and allow the Government all reasonable inferences from the facts shown to those sought to be established. Cir. 2008). To convict Castro of conspiracy to distribute cocaine, the Government had to prove that there was an agreement between two or more people to distribute cocaine, that Castro knew of the agreement, and that he knowingly and voluntarily became part of the conspiracy. (4th Cir. 1996). United States v. Burgos, 94 F.3d 849, 857 United States v. Harvey, 532 F.3d 326, 333 (4th

To prove the three counts of distribution, the

Government had to show that Castro knowingly and intentionally distributed cocaine. 227 (4th Cir. United States v. Yearwood, 518 F.3d 220, Distribution can be actual or

2008).

constructive. transferred

The defendant "need not actually have physically cocaine in order to be found guilty of the

the

substantive offense of distribution." 842 F.2d 502, 507 (1st Cir. 1988).

United States v. Acevedo,

To support a conviction for

possession with intent to distribute, the Government must prove 3

that

Castro

knowingly or deliver

possessed the

the

cocaine See

and United

intended States

to v.

distribute

cocaine.

Collins, 412 F.3d 515, 519 (4th Cir. 2005). actual or constructive. 878 (4th Cir. 1992). narcotic exercise Schocket, if he knows and

Possession may be

United States v. Rusher, 966 F.2d 868,

"A person has constructive possession of a of its presence over and has the power States it to v. is

dominion 753 F.2d

control 340

it."

United

336,

(4th

Cir.

1985).

"Once

established that a defendant is a participant in a conspiracy to possess and distribute a controlled substance, he need not have actual possession of the controlled substance to be guilty of the substantive charge of possession with intent to distribute. Constructive Laughman, omitted). With these standards in mind, our thorough review of the trial transcript convinces us that the evidence was 618 possession F.2d 1067, is sufficient." (4th Cir. United 1980) States v.

1076-77

(citations

sufficient to support Castro's convictions on all five counts. We therefore affirm Castro's convictions. We dispense with oral

argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED

4