United States v. Prieto-Tejas

779 F.2d 1098 (1986) United States Court of Appeals for the Fifth Circuit 1986-01-06

criminal; jury convictions for possession of cocaine with intent to distribute, 846 conspiracy, and 18 U.S.C. 924(c)(2) firearm; defendant appeals sufficiency of the evidence on each count (result: claimant-won)

Facts

  1. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied conceded
    A conviction for possession of a controlled substance in violation of 21 U.S.C. § 841(a)(1) requires proof of knowing possession with intent to distribute (or manufacture or dispense) the substance.
  2. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied conceded
    Prieto-Tejas admitted knowing possession of all the cocaine found in his car, but claimed that it was for his personal consumption and that the evidence failed to establish his intent to distribute.
  3. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied conceded
    Dusal was driving a 1978 Oldsmobile and Prieto-Tejas, who owned the automobile, was riding in the front passenger seat.
  4. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied conceded
    When questioned at the checkpoint, Prieto-Tejas told Nichols that the cocaine belonged to him, but denied knowledge of the gun.
  5. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied conceded
    Prieto-Tejas admitted knowing possession of all the cocaine found in his car, but claimed that it was for his personal consumption and that the evidence failed to establish his intent to distribute.
  6. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    Both men were aware of the large amount of cocaine that they carried on the trip.
  7. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    Possession of a narcotic may be actual or constructive, may be joint with others, and may be proved by circumstantial evidence.
  8. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    Dusal may be deemed to have been in constructive possession of the cocaine, which he knew of, because such possession may be proved when one “has dominion over or controls the premises or vehicle where contraband is seized.”
  9. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    Intent to distribute a controlled substance may generally be inferred solely from possession of a large amount of the substance.
  10. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    The purity and value of the substance also are relevant to the possessor’s intent to distribute.
  11. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    The bags contained 27.79 grams of 82 percent pure cocaine and 2.89 grams of 73 percent pure cocaine.
  12. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    The evidence suggested that this cocaine was of a purity usually diluted for distribution.
  13. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    Prieto-Tejas testified that he was addicted to cocaine and that at the time of his arrest he had been using up to three or four grams a day for several months.
  14. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    Construed most favorably to him, his testimony would indicate that his total income was at the most $2,000 per month.
  15. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    Therefore, a reasonable factfinder could infer either that he did not use a large amount and intended to sell a portion of the cocaine, or that he did consume large amounts and also sold cocaine to supplement his income in support of his expensive habit.
  16. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    The scale had traces of cocaine in the weighing pans and the DEA agent testified that scales of this type are commonly used by those who sell cocaine, but not often by purchasers.
  17. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    The presence of the scale in addition to the quality and quantity of the cocaine and Prieto-Tejas’s testimony concerning his cocaine use support a finding of his intent to distribute.