United States v. González-Seda
United States v. González-Seda
Opinion of the Court
MEMORANDUM AND ORDER
The Motion Requesting to Reopen Cross Examination of Agent Roberto Beauchamp to Submit Statements Pursuant to Federal Rule of Evidence and to Impeach by Omission
The Court finds that defendant’s prior statement to Puerto Rico Police Officer Roberto Beauchamp, that “the marihuana inside the backpack he seized in this case was [defendant’s] because [defendant] was a marihuana user,” (Docket No. 165) is in fact not against defendant’s penal interest. Defendant is charged, inter alia, with violating 18 U.S.C. 924(c), possession of a firearm in furtherance of a drug trafficking, and 21 U.S.C. 841(a)(1), possession with intent to distribute controlled substances (marihuana). Defendant’s statement that the seized -marihuana was for personal use negates the “in furtherance of a drug trafficking” and “intent to distribute controlled substances” elements of the above-mentioned counts. Consequently, the Court finds that the statement is self-serving and non-inculpatory, and thus, not admissible as evidence. See U.S. v. Gomez, 772 F.Supp.2d 1185, 1197 (C.D. Cal. 2011) (Defendant’s statements to police regarding personal use of methamphetamine are inadmissible because generally the statement is inculpatory, but “in the context of
IT IS SO ORDERED.
. Defendant designated the niption before the Court as one requesting permission to impeach by omission, Docket No. 165. Defendant, however, does not include arguments regarding impeachment by prior inconsistent statements, or more specifically, impeachment by omission pursuant to Fed. R. Evid. 613(a). Defendant relies only on Fed. R. Evid. 804. Id. at p. 3.
Reference
- Full Case Name
- United States v. Leonard GONZÁLEZ-SEDA
- Status
- Published