United States v. Guzman-Montañez
United States v. Guzman-Montañez
Opinion of the Court
OPINION AND ORDER
On March 28, 2012, a grand jury returned an indictment charging defendant Marcelino Guzman-Montañez (“Guzman”) as a felon in possession of a firearm, in violation of 18 U.S.C. § 922(q)(l) (“count one”), and for possession of a firearm within 1,000 feet of a school zone, in violation of 18 U.S.C. § 922(q) (“count two”). (Docket No. 12.) At the close of all evidence in the jury trial, defendant moved for acquittal of both counts, pursuant to Federal Rule of Criminal Procedure 29.
I. BACKGROUND
The Court will not rehash the entire trial here. Background information or facts will be recounted as needed in the Court’s subsequent legal analysis of particular issues. See United States v. Stierhoff, 549 F.3d 19, 21 (1st Cir. 2008). The Court conveys the facts throughout the opinion in the light most favorable to the verdict, United States v. Rodriguez-Marrero, 390 F.3d 1, 6 (1st Cir. 2004), and decides the motion on the basis of the evidence at the time the ruling was reserved. See Fed. R.Crim.P. 29(b).
In the morning hours of March 14, 2010, the Puerto Rico Police Department (“PRPD”) received a call from Mr. Papo Nieves, a cook at Lechonera Papo Nieves
Hearing the radio transmission, PRPD agent Carmen I. De Jesus observed two men getting out of a wine-colored Suzuki SX4 in front of Church’s Fried Chicken Restaurant (“Church’s Restaurant”) in Rexville, Bayamon. (Day 1 at pp. 33-34.) She immediately relayed the whereabouts of the vehicle and individuals over the radio and provided a second description of the men. (Day 1 at p. 34.) Agents Edilberto Mojica-Caldero (“agent Mojica”) and Jose Arroyo-Perez (“agent Arroyo”), who were working for the PRPD Criminal Investigations Corps and were assigned to investigate robberies, received the radio transmissions that morning and drove to the Church’s Restaurant. (Day 1 at pp. 57-58; Transcript of Trial on July 17, 2012 (“Day 2”) at p. 67.) They parked across the street and walked to Church’s Restaurant, passing through the parking lot. (Day 1 at p. 60-61; Day 2 at p. 69.) Standing in the parking lot approximately 45 feet away from defendant Guzman, agent Mojica observed defendant Guzman and Miguel through the Church’s Restaurant’s crystal windows. (Day 1 at pp. 62-63.) Agent Arroyo testified that he had a clear view of the counter area from the parking lot. (Day 2 at p. 91.) The agents saw defendant Guzman standing in line, looking from side to side, turning his back to the menu area, and glancing outside through the crystal windows.
Agent Mojica then observed Miguel, who carried a cell phone, approach the right side of the line where defendant Guzman stood. (Day 1 at p. 66.) During this time, marked police patrol cars entered the parking lot of Church’s Restaurant and were visible through the Church’s Restaurant’s crystal windows. (Day 2 at pp. 8, 14.) Miguel said something to defendant Guzman, and shortly thereafter defendant Guzman left his spot in line and walked rapidly toward the men’s bathroom. (Day 1 at p. 66.) Agent Arroyo described defendant Guzman as walking “in an abrupt manner” because he “jump[ed] over the
Agent Mojica then detained defendant Guzman, patting him down for the firearm he had observed from the parking lot on defendant Guzman’s waistband. (Day 1 at pp. 68-69.) Upon frisking defendant Guzman, however, Agent Mojica found no pistol. (Day 2 at p. 10.) Meanwhile, agent Arroyo walked to the men’s bathroom to search for a third person — an individual wearing a white shirt — because he believed he had heard a description of such an individual via radio transmission. (Day 2 at p. 70, 73-74.) Agent Arroyo explained that he looked inside the bathroom briefly and did not find anyone inside. (Day 2 at p. 75.) He did not notice a firearm stuck in the diaper changing station, but he also did not perform a search of the bathroom, (Day 2 at p. 80), and was unfamiliar with diaper changing tables. (Day 2 at p. 83.) Once he had handcuffed defendant Guzman, agent Mojica walked to the men’s bathroom and proceeded to search it. (Day 1 at p. 70; Day 2 at pp. 11-12.) Agent Mojica testified that he found a loaded firearm — a Smith & Wesson pistol, model 4003 Tactical, 0.40 caliber, serial number VJL7561 — stuck in the diaper changing station. (Day 1 at pp. 72-73; Day 2 at pp. 4-5, Exhibit 8.) Once they had detained defendant Guzman and Miguel, police officers searched the Suzuki and found a second pistol, a Beretta, in the glove compartment.
Agent Mojica also testified that a bilingual school called Emmanuel
II. DISCUSSION
A. Standard
In reviewing a motion for judgment of acquittal, a district court must consider the evidence, both direct and circumstantial, “in the light most favorable to the prosecution” to determine whether the “body of proof, as a whole, has sufficient bite to ground a reasoned conclusion that the government proved each of the ele
B. Defendant’s Motion for a Judgment of Acquittal
Defendant alleges that his convictions under count one and count two of the Indictment cannot stand. As discussed above, the Court, in an abundance of caution, will address defendant’s convictions of both counts, in turn.
1. Count One: Possession of a Firearm and Ammunition
Count one of the Indictment charges defendant with knowingly and unlawfully possessing in and affecting interstate commerce, a firearm and ammunition, in violation of 18 U.S.C. §§ 922(q)(l) and 924(a)(2).
Defendant first points to the testimony of PRPD agents Ismael Diaz-Rivera (“agent Diaz”) and Ismael Perez-Perez (“agent Perez”) to support his Rule 29 motion. During trial, agents Diaz and Perez stated that they parked across the street from Church’s Restaurant in a marked police patrol car, (Day 3 at pp. 14, 28), and that they did not see any other patrol cars at the time they arrived. (Day 3 at p. 13.) Agents Diaz and Perez said they did not see any undercover or plain clothed agents approach Church’s Restaurant and did not observe any armed persons in the area of the surrounding parking lot. (Day 3 at pp. 16-17, 29, 31.) Based on this
At most, the testimony of the police officers involves a credibility issue, which, under Rule 29 analysis, must be resolved in favor of the government. The Court does not perceive the testimony of agents Diaz, Perez, Mojica, and Arroyo to be facially inconsistent, as evidence could explain why agents Diaz and Perez did not see agents Mojica or Arroyo outside Church’s Restaurant: the video recording shows that agents Mojica and Arroyo were dressed in plain clothes so as not to alert anyone as to their official duties that day, and the officers were not all acquaintances, as agents Mojica and Arroyo work with the Criminal Investigations Corps, not with agents Perez or Diaz. A rational jury could have drawn the inference that although officers Diaz and Perez did not notice agents Mojica and Arroyo, the latter officers were in fact present where they said they were. Nevertheless, the standard for a Rule 29 motion for acquittal is a prosecution-friendly one that “requires the resolution of all evidentiary disputes and credibility questions in favor of the government.” Lara, 181 F.3d at 200. Any inconsistency that might conceivably exist between the officers’ respective testimonies is insufficient to overturn a jury’s verdict pursuant to Rule 29, see id.; Soler, 275 F.3d at 151, because it is precisely the role of the jury — and not of the Courts — to assess the credibility of witnesses. See United States v. Paret-Ruiz, 567 F.3d 1, 5 (1st Cir. 2009).
Defendant also points to the government’s failure to look for fingerprints on the Smith & Wesson as a reason why it failed to prove possession beyond a reasonable doubt. This amounts to an argument over the lack of direct evidence, however, and is unavailing. The standard for a Rule 29 motion for acquittal permits the Court to examine both direct and circumstantial evidence, U.S. v. Rivera-Rodriguez, 617 F.3d 581, 596 (1st Cir. 2010), and requires the Court to accept “those reasonable inferences from the evidence (whether or not inevitable) that support the government’s view of the case.” Lara, 181 F.3d at 200. Here, the government introduced substantial circumstantial evidence that, as a whole, supports an inference that the Smith & Wesson pistol found in the men’s bathroom belonged to defendant Guzman. Trial testimony of agents Mojica and Arroyo and the video recording from Church’s Restaurant all establish that agent Mojica observed a firearm on defendant Guzman as he stood in line; that defendant Guzman exhibited questionable behavior when he looked around the restaurant and glanced outside before abruptly leaving the line, jumping the chain, and rapidly walking towards the men’s bathroom, only to return seconds later, returning to his place in line; that shortly after returning to line, agent Mojica frisked and arrested defendant Guzman but found no pistol on his waistband; and
2. Count Two: Possession of a Loaded Firearm Within 1,000 Feet of a School Zone
Count two of the Indictment charges defendant with knowingly possessing a firearm loaded with ammunition that had moved in interstate or foreign commerce, within a distance of 1,000 feet of a school zone, a place that defendant knew or had reasonable cause to believe was a school zone, all in violation of 18 U.S.C. §§ 922(q)(2)(A) and 924(a)(4).
The evidence presented at trial and the evidence to which the parties stipulated was sufficient to prove beyond a reasonable doubt that the area where defendant Guzman possessed the Smith & Wesson pistol was a “school zone.” At trial, the government entered into evidence a picture of the front entrance of Colegio Emmanuel, located across the street from Church’s Restaurant in Bayamon. Defendant contends that the sign only adver
The evidence presented at trial was also sufficient for a rational jury to find beyond a reasonable doubt that defendant Guzman knew or had reasonable cause to believe that the area where he possessed a firearm was a “school zone.” Defendant Guzman argues that there was no proof he saw the school sign, or that he was even aware of it. (Docket No. 55 at p. 9.) Multiple roads lead to the Church’s Restaurant and provide various access points to the restaurant, and defendant Guzman contends that the government failed to introduce evidence as to the exact route defendant Guzman took to enter the restaurant. Id. Without such evidence, defendant Guzman argues that is unclear as to whether he necessarily passed Colegio Emanuel to arrive at Church’s Restaurant, and thus that he had the requisite knowledge of his presence in a “school zone.” Id. at p. 10. Moreover, because he is not a resident of Bayamon, defendant Guzman argues that “it is not reasonable to expect him to be knowledgeable of the exact location of each and every school that may exist on a particular area.” Id.
Defendant Guzman’s arguments are unavailing. The Court finds enough evidence in the record to support a jury’s finding that defendant Guzman knew or had reason to know that a school was nearby. The parties stipulated that Colegio Emmanuel was a mere 140 feet from the men’s bathroom in Church’s Restaurant, and agent Mojica testified that the school could be seen from Church’s Restaurant. Moreover, the government presented evidence that the Colegio Emmanuel sign sits atop a fence across the street from Church’s Restaurant, and agents testified that defendant Guzman glanced through the windows out towards the street. In the aggregate, this evidence enables a reasonable juror to draw the inference that defendant knew or should have known of Church’s Restaurant’s close proximity to Colegio Emmanuel. Accordingly, the Court DENIES defendant’s motion for judgment of acquittal as to count two.
III. CONCLUSION
Having considered the evidence in the light most favorable to the government and having made all reasonable inferences in its favor, United States v. Giambro, 544 F.3d 26, 29 (1st Cir. 2008), the Court concludes that the government presented sufficient evidence to support defendant Guzman’s convictions. Accordingly, the Court DENIES defendant’s motion for acquittal as to both count one and count two and SUSTAINS the jury verdict.
IT IS SO ORDERED.
. Fed.R.Crim.P. 29 states, in pertinent part: "(a) Before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant’s motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction .... (b) Reserving Decision. The court may reserve decision on the motion, proceed with the trial (where the motion is made before the close of all the evidence), submit the case to the jury, and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict. If the court reserves decision, it must decide the motion on the basis of the evidence at the time the ruling was reserved, (c) After Jury Verdict or Discharge. (1) Time for a Motion. A defendant may move for a judgment of acquittal, or renew such a motion, within 14 days after a guilty verdict or after the court discharges the
. Rule 29(c)(1) requires a defendant seeking to renew its motion for a judgment of acquittal after a jury verdict or discharge to do so "within 14 days after a guilty verdict or after the court discharges the jury, whichever is later.” Here, the guilty verdict occurred on July 18, 2012, and the jury was discharged on the same day. No 14-day restriction existed as to count two in this case, because the Court reserved decision as to count two, pursuant to Rule 29(b). The window of time available for renewal of defendant’s Rule 29 motion as to count one, however, was limited to 14-days after July 18, 2012, or August 1, 2012. See Fed.R.Crim.P. 29(c)(1) and accompanying Advisory Committee Notes. The First Circuit Court of Appeals has recognized that despite a defendant’s filing of a motion for judgment of acquittal after the 14-day period, the motion may nevertheless be considered timely when, within that 14-day period, the district court extends the time allowable for making the motion. United States v. Ruiz, 105 F.3d 1492, 1495 n. 1 (1st Cir. 1997). Here, Defendant waited to request leave to tender his Rule 29 motion on August 28, 2012. (Docket No. 53.) His motion requesting an extension of time therefore fell outside of the 14-day window entirely, and had the government raised the issue, the Court would have been precluded from entertaining defendant's motion as to count one. See Eberhart v. United States, 546 U.S. 12, 18-19, 126 S.Ct. 403, 163 L.Ed.2d 14 (2005); United States v. Alexander, 436 F.Supp.2d 190, 193 n. 5. (D.Me. 2006). When the Court granted defendant’s motion for leave, it interpreted the scope of defendant’s renewed motion to pertain only to count two. The renewed motion, however, appears to also pertain to count one, and since the government forfeited any timeliness objection it might have had, the Court will address both counts in its Opinion and Order in an abundance of caution.
. A video recording from Church’s Restaurant’s security cameras also captured defendant Guzman's behavior, as well as all subsequent actions of police officers — including those of agents Mojica and Arroyo — inside Church's Restaurant. (Docket No. 51, Exhibit 3.)
. The jury was instructed that this pistol is a different pistol from that found in the bathroom, and that defendant Guzman was not charged with possession of the Beretta pistol. (Day 2 at p. 29.)
. The full name of the school, as stipulated to by the parties, is Colegio Emmanuel Discípulos de Cristo. (Day 3 at p. 34.)
. Pursuant to 18 U.S.C. § 922(g)(1), it is "unlawful for any person who has been convicted in any court of[] a crime punishable by imprisonment for a term exceeding one year ... to possess in or affecting commerce, any firearm or ammunition.” 18 U.S.C. § 924(a)(2) states, in pertinent part, "Whoever knowingly violates subsection ... (g) ... of section 922 [18 U.S.C. § 922] shall be fined as provided in this title, imprisoned not more than 10 years, or both.”
. Under 18 U.S.C. § 922(q)(2)(A), it is "unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.” 18 U.S.C. § 924(a)(4) states in pertinent part, "Whoever violates section 922(q) [18 U.S.C. § 922(q)] shall be fined under this title, imprisoned for not more than 5 years, or both....”
. Puerto Rico Police Department Agent Jose Hiraldo Benitez, if called at trial, would have testified that he measured a distance of 140 feet between the men’s bathroom in Church’s Restaurant and Colegio Emmanuel. (Docket No. 46.)
Reference
- Full Case Name
- United States v. Marcelino GUZMAN-MONTAÑEZ
- Status
- Published