United States v. Orozco

700 F.3d 1176 (2012) United States Court of Appeals for the Eighth Circuit 2012-12-03

criminal; jury conviction on two counts of possession of cocaine / cocaine base with intent to deliver; defendant appeals denial of suppression and sufficiency of evidence on constructive possession and intent to distribute; conviction affirmed, remanded for the district court to consider resentencing on the cocaine-base count under the Fair Sentencing Act (Dorsey) (result: claimant-won)

Facts

  1. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    While the trooper was conducting the search, Orozco and the other driver fled on foot.
  2. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    At trial, an expert testified that it was extremely unlikely that such a large quantity of money and drugs would be placed in a vehicle without the occupant’s knowledge.
  3. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    Although Orozco presents what he characterizes as noninculpatory explanations for the log-book inconsistencies and his flight, the jury rejected his arguments, and we may not second-guess the jury’s determinations.
  4. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    Orozco and another driver were driving a commercial truck with an empty flatbed trailer through Missouri.
  5. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    When Orozco was in a sleeping berth and the other driver was operating the vehicle, a commercial vehicle officer (“officer”) stopped the truck.
  6. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    When searching the vehicle, the trooper noticed stripped screws on a light cover, removed the screws, and discovered concealed bundles.
  7. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    Further, Orozco’s log book discrepancies, his flight from the scene, and the simple fact that he was a driver of the vehicle, taken together, are more than sufficient to support the verdict.
  8. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    “[PJresenee in a vehicle containing contraband ... and other evidence can give rise to an inference of control.”
  9. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    A. later, more thorough search revealed 62 cellophane-wrapped bundles containing approximately $1.4 million (primarily in $20 bills), 2.8 kilograms of powder cocaine, and slightly over 55 grams of cocaine base.
  10. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    Finally, the large quantity of drugs and money are sufficient to support an inference of intent to distribute.
  11. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    “A large quantity of drugs ... is sufficient evidence of ... intent to distribute.”