United States v. Lazcano-Villalobos

175 F.3d 838 (1999) United States Court of Appeals for the Tenth Circuit 1999-05-03

criminal; jury conviction for possession with intent to distribute cocaine; defendant appeals sufficiency of evidence on knowing constructive possession of drugs in hidden vehicle compartment (and a Rule 404(b) ruling); conviction affirmed (result: claimant-won)

Facts

  1. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    As he held the card, Agent Williams noticed Mr. Lazcano-Villalobos’ hand shaking.
  2. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    Returning to the driver’s side of the vehicle, Agent Williams detected a “strong odor of air freshener or something” coming from inside the car.
  3. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    During disassembly, Agent Williams noticed the top and undersides of the glove compartment and dash contained no dust and looked immaculate.
  4. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    The evidence, while mostly circumstantial and built in part on inferences, logically links Mr. Lazcano-Villalobos with knowledge of the cocaine.
  5. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    On examination of the car’s interior, border patrol agents discovered a hidden compartment which could not be seen without taking the dash apart.
  6. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    A person constructively possesses contraband when he or she knowingly holds ownership, dominion or control over the object and premises where it is found.
  7. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    Thus, Mr. Lazcano-Villalobos’ joint occupancy of the vehicle with his wife is not sufficient in this case to establish an inference of constructive possession.
  8. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    To prove constructive possession where there is joint occupancy, the government must present direct or circumstantial evidence to show some connection or nexus individually linking Mr. Lazeano-Villalobos to the contraband.
  9. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    Direct and circumstantial evidence shows Mr. Lazcano-Villalobos used the late model Ford containing the drugs from December 30, 1996 until his arrest on February 1, 1997.
  10. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    Thus, we find the evidence was substantial and sufficient to support Mr. Lazcano-Villalobos’ conviction for knowingly possessing the contraband.
  11. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    A search of the hidden compartment produced ten bundles of ninety-two percent pure cocaine, weighing 4,467 grams and ranging in value between $80,000 (wholesale) and $450,000 (street value).
  12. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    An experienced Drug Enforcement Administration agent later testified $2,500 is a reasonable courier’s fee for transporting cocaine from New Mexico to Denver, Colorado, and that couriers are usually paid in cash denominations of $20 or less.