US v. Manuel Garcia
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cr-00253-TDS-3. Copies to all parties and the district court/agency. [999179333]. [12-4420, 12-4783]
Appeal: 12-4420
Doc: 69
Filed: 08/23/2013
Pg: 1 of 7
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-4420
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
MANUEL CAMACHO GARCIA, a/k/a Meno,
Defendant - Appellant.
No. 12-4783
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
TIMOTHY LEON STREET, a/k/a Supreme,
Defendant - Appellant.
Appeals from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:11-cr-00253-TDS-3; 1:11-cr-00253-TDS-7)
Submitted:
August 15, 2013
Decided:
August 23, 2013
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Appeal: 12-4420
Doc: 69
Filed: 08/23/2013
Pg: 2 of 7
Affirmed by unpublished per curiam opinion.
Anne M. Hayes, Cary, North Carolina; James B. Craven, III,
Durham, North Carolina, for Appellants. Ripley Rand, United
States Attorney, Sandra J. Hairston, Assistant United States
Attorney, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
2
Appeal: 12-4420
Doc: 69
Filed: 08/23/2013
Pg: 3 of 7
PER CURIAM:
A
conspiracy
federal
to
jury
distribute
convicted
cocaine,
Manuel
in
Camacho
violation
Garcia
of
21
of
U.S.C.
§ 846 (2006), and convicted Timothy Leon Street of conspiracy to
distribute
§ 846.
cocaine
and
marijuana,
in
violation
of
21
U.S.C.
The district court sentenced Garcia to 140 months of
imprisonment,
and
sentenced
Street
imprisonment, and they now appeal.
Garcia
argues
on
to
245
months
of
Finding no error, we affirm.
appeal
that
the
evidence
was
insufficient to support his conviction because the Government
failed
to
demonstrate
conspiracy.
that
he
knowingly
joined
in
the
We review a district court’s decision to deny a
Fed. R. Crim. P. 29 motion for a judgment of acquittal de novo.
United States v. Smith, 451 F.3d 209, 216 (4th Cir. 2006).
A
defendant challenging the sufficiency of the evidence faces a
heavy burden.
United States v. Beidler, 110 F.3d 1064, 1067
(4th Cir. 1997).
viewing
the
The verdict of a jury must be sustained “if,
evidence
prosecution,
the
evidence.’”
Smith,
in
verdict
451
the
light
is
F.3d
most
favorable
supported
at
216
by
to
the
‘substantial
(citations
omitted).
Substantial evidence is “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.”
Id.
(internal
quotation
marks
3
and
citation
omitted).
Appeal: 12-4420
Doc: 69
Filed: 08/23/2013
Pg: 4 of 7
Furthermore, “[t]he jury, not the reviewing court, weighs the
credibility of the evidence and resolves any conflicts in the
evidence
quotation
presented.”
marks
and
Beidler,
citation
110
F.3d
omitted).
at
1067
(internal
“Reversal
for
insufficient evidence is reserved for the rare case where the
prosecution’s failure is clear.”
Id. (internal quotation marks
and citation omitted).
In order to prove that Garcia conspired to distribute
cocaine, the Government needed to show (1) an agreement between
two or more persons, (2) that Garcia knew of the agreement, and
(3) that Garcia knowingly and voluntarily joined the conspiracy.
United States v. Burgos, 94 F.3d 849, 857 (4th Cir. 1996) (en
banc)
(citations
omitted).
However,
the
Government
required to make this showing through direct evidence.
was
not
In fact,
“a conspiracy may be proved wholly by circumstantial evidence,”
and therefore may be inferred from the circumstances presented
at trial.
Id. at 858.
We have thoroughly reviewed the record
and conclude that the Government provided sufficient evidence
from which the jury could conclude that Garcia was guilty of the
conspiracy charge.
Street argues on appeal that the district court erred
in admitting the transcripts of recorded phone calls between the
4
Appeal: 12-4420
Doc: 69
Filed: 08/23/2013
Pg: 5 of 7
coconspirators because the transcripts identified the speakers. *
“We
review
a
trial
court’s
rulings
on
the
admissibility
of
evidence for abuse of discretion, and we will only overturn an
evidentiary ruling that is arbitrary and irrational.”
United
States v. Cole, 631 F.3d 146, 153 (4th Cir. 2011) (internal
quotation marks and citation omitted).
In addition, we will not
“set aside or reverse a judgment on the grounds that evidence
was erroneously admitted unless justice so requires or a party’s
substantial rights are affected.”
Creekmore v. Maryview Hosp.,
662 F.3d 686, 693 (4th Cir. 2011) (citing Fed. R. Civ. P. 61).
Our
review
of
the
record
and
the
relevant
legal
authorities
leads us to conclude that the district court did not commit
error in admitting the transcripts of the recorded calls.
Finally, Street argues that he should not have been
attributed a criminal history point for a prior conviction to
which he pleaded guilty but received no term of imprisonment.
In
reviewing
the
district
court’s
*
calculations
under
the
Street has also filed a Fed. R. App. P. 28(j) letter
citing the Supreme Court’s recent decision in Alleyne v. United
States, ___ U.S. ___, 133 S. Ct. 2151 (2013), in which the Court
determined that any fact that increases a statutory mandatory
minimum term of imprisonment must be submitted to the jury.
Here, as the drug weights were charged in the indictment,
submitted to the jury, and found by the jury beyond a reasonable
doubt, and no other factors affecting the statutory mandatory
minimum were found to be applicable to Street, his sentence did
not violate the mandate of Alleyne.
5
Appeal: 12-4420
Doc: 69
Filed: 08/23/2013
Pg: 6 of 7
Guidelines, “we review the district court’s legal conclusions de
novo
and
its
factual
findings
for
clear
error.”
United
States v. Manigan, 592 F.3d 621, 626 (4th Cir. 2010) (internal
quotation
marks
and
citation
omitted).
We
will
“find
clear
error only if, on the entire evidence, we are left with the
definite and firm conviction that a mistake has been committed.”
Id. at 631 (internal quotation marks, alteration, and citation
omitted).
Under the Guidelines, a district court shall assign
(a)
three
criminal
history
points
to
prior
sentences
of
imprisonment exceeding one year and one month, (b) two criminal
history points to prior sentences of imprisonment of at least
sixty days, and (c) one criminal history point for each prior
sentence other than those counted in subsections (a) and (b), up
to
a
total
Sentencing
of
four
points
Guidelines
Manual
under
subsection
(“USSG”)
§
(c).
See
4A1.1(a)-(c)
U.S.
(2012).
Here, the district court properly assigned one criminal history
point to Street’s prior conviction for misdemeanor possession or
sale of alcoholic beverages without a permit, a conviction for
which
Street
Further,
Street
the
for
imprisonment
did
not
number
prior
equaled
receive
of
criminal
sentences
the
of
maximum
6
a
sentence
history
less
of
points
imprisonment.
assigned
than
sixty
days
permissible
total
of
to
of
four.
Appeal: 12-4420
Doc: 69
Therefore,
the
Filed: 08/23/2013
district
Pg: 7 of 7
court
did
not
err
in
calculating
Street’s criminal history category.
Accordingly, we affirm the judgment of the district
court.
legal
before
We dispense with oral argument because the facts and
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED
7
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?