United States v. Sempere-Valero
Opinion of the Court
SUMMARY ORDER
Familiarity is assumed as to the facts and the procedural context, and the specification of appellate issues.
Defendant challenges the sufficiency of the trial evidence to prove he knowingly committed a substantive drug offense and was part of a drug conspiracy. A defendant challenging the sufficiency of the evidence after a jury verdict bears a heavy burden. See, e.g., United States v. Soto, 716 F.2d 989, 991 (2d Cir. 1983). The Court must view the evidence in the light most favorable to the government and all issues of credibility must be resolved in favor of the prosecution. See United States v. Desena, 287 F.3d 170, 176 (2d Cir. 2002). “ ‘[T]he evidence need not ... exclude! 1 every permissible hypothesis of innocence,’ ” United States v. Pitre, 960 F.2d 1112, 1120 (2d Cir. 1992) (quoting Soto, 716 F.2d at 993), and the conviction must be affirmed if “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). Under these standards defendant’s sufficiency challenge fails.
Through the unchallenged testimony of two Customs Inspectors, the government established defendant and his co-conspirator, Roberto Rodriguez-Cuenca, arrived together at John F. Kennedy International Airport (“JFK”), they appeared hesitant, were dressed identically and presented themselves for inspection with identical suitcases containing the drug MDMA. Upon questioning, defendant indicated the bag he was carrying and all of its contents belonged to him.
For the reasons set forth above, the judgment of the District Court is hereby AFFIRMED.
. In United States v. Forlorma, 94 F.3d 91, 93 (2d Cir. 1996), this Court found the possession of heroin concealed in luggage, coupled with defendant's acknowledgment he owned the bag and its contents, sufficient to establish guilt beyond a reasonable doubt.
. Defendant does not contest the appropriateness of the conscious-avoidance charge nor could he as such an instruction is appropriate "when a defendant asserts the lack of some specific aspect of the knowledge required for conviction.” United States v. Aina-Marshall, 336 F.3d 167, 170 (2d Cir. 2003).
Reference
- Full Case Name
- United States v. Victor SEMPERE-VALERO
- Status
- Published