United States v. Vera

701 F.2d 1349 (1983) United States Court of Appeals for the Eleventh Circuit 1983-04-04

criminal; jury convictions (846 conspiracy, 841(a)(1) possession with intent and distribution of quaaludes); three defendants appeal; Vera and Posada challenge sufficiency of the evidence of knowledge, plus voir dire, prosecutor comment, severance; Romero challenges only suppression (result: claimant-won)

Facts

  1. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    Fiano saw appellant Vera together with Hassan, Adamo and Romero in the back room.
  2. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    Approximately 20 minutes later, Vera and Posada emerged from the shed carrying a box measuring approximately three feet in width and one and a half feet in height which they loaded into the van.
  3. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    Close association with a co-conspirator or mere presence at the scene of the crime is insufficient evidence of knowing participation in a conspiracy.
  4. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    Rather, knowledge may be proved through inferences based upon surrounding circumstances.
  5. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    Vera then drove the van, which had been provided for the delivery of the drugs, to Posada’s house.
  6. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    In addition, a white powdery substance was seeping out of one of the large boxes found in the van and some of the boxes in the van were “torn and broken.”
  7. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    A reasonable jury could have concluded beyond a reasonable doubt that the evidence established that Vera knowingly participated in the conspiracy and knowingly possessed and distributed the quaaludes.
  8. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    Although there is no direct evidence of Posada’s knowledge, sufficient circumstantial evidence of his knowledge exists.
  9. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    Moreover, Posada owned the shed in which the boxes were stored.
  10. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    After the boxes were loaded into the van, Posada drove the van by himself to the shopping center where Hassan was waiting and left the van with Hassan.
  11. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    Posada’s ownership of the shed where the boxes containing the quaaludes were located and his exercise of dominion and control over the boxes while driving the van to the shopping center clearly supports an inference that he knowingly possessed the boxes containing quaaludes.
  12. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    Vera parked the van next to a shed located by the house. After a brief conversation, Vera, Posada and a third individual entered the shed.
  13. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    Shortly thereafter, Posada drove the van to the same shopping center and left the van with Hassan.
  14. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    Inside the van, the agents found two large boxes which were approximately the same size as the two large boxes placed in the van by Vera and Posada and eight smaller boxes.
  15. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    Possession may be actual or constructive and may be proved by circumstantial as well as direct evidence.
  16. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    A person who owns or exercises dominion and control over a motor vehicle or residence in which contraband is concealed may be deemed to be in constructive possession of the contraband.
  17. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    The first two boxes which Vera and Posa-da loaded into the van were approximately three feet in width and one and a half feet in height and were substantially larger than the other boxes placed in the van by Vera and Posada.
  18. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    All ten of the boxes found inside the van contained quaaludes.
  19. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    Although it is conceivable that some of the boxes loaded into the van by Vera and Posada may have been unpacked or unloaded at Romero’s house, such a possibility does not rise to the level of a reasonable doubt in light of the totality of the evidence.
  20. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    Viewing the evidence in the light most favorable to the government, it is clear that a reasonable jury could find beyond a reasonable doubt that Posada knowingly participated in the conspiracy and knowingly possessed and distributed the quaaludes.