United States v. Alverio-Melendez, 640 F.3d 412

Background

Alverio-Meléndez and Gómez-Ortiz were convicted of conspiracy to possess with intent to distribute cocaine and aiding and abetting in possession of a firearm in furtherance of a drug trafficking crime, challenging evidence sufficiency, a Brady claim, and jury instructions.
Rodríguez-Morales, a paid government informant, testified about initial meetings in 2004 and subsequent interactions in 2009 linking Alverio and Gómez to drug activities.
Rodríguez testified Gómez, known as 'El Flaco', supplied price information and participated in the February 5, 2009 drug transaction at the K-Mart parking lot in Puerto Rico.
A lunch-box-like container in Alverio's car allegedly contained nearly three-quarters of a kilogram of cocaine; a Glock .40 was found in the car and Gómez wore a fanny pack with ammunition.
Toll records showed calls between the phone associated with Alverio and Gómez’s phone immediately after Rodríguez spoke with Alverio, supporting a coconspirator framework.
The district court instructed on firearm liability using 'using or carrying during and in relation to' a drug crime rather than 'possession in furtherance of' the crime, and Brady and fingerprint issues were raised on appeal.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of Gómez’s drug conspiracy conviction	Gómez not shown to own or handle drugs; Rodríguez is not credible alone.	Gómez merely present; absence of fingerprints on lunch box undercuts ownership.	Evidence sufficient; Gómez aided in conspiracy and drugs. Rodríguez corroborated by tolls and recordings.
Sufficiency of Gómez’s firearm conviction	Gun in car not proven possessed in furtherance of drug crime.	No nexus between gun and drug trafficking; presence alone insufficient.	Sufficient evidence; possession in furtherance shown by protecting drugs/money and circumstances.
Sufficiency of Alverio’s firearm conviction	Alverio did not show aiding-and-abetting how gun aided drug crime.	Failure to show 'in furtherance' undermines conviction.	Evidence supports aiding-and-abetting firearm possession in furtherance; gun protected cocaine and proceeds.
Jury instructions on firearm count	Instructions improperly used 'during and in relation to' language rather than 'in furtherance of'.	Instructions coached or improperly tailored to defendant's case.	No reversible error; 'use/carry' includes possession; nexus element satisfied by evidence; no plain-error reversal.
Brady claim regarding fingerprint analysis	Fingerprint analysis on weapon was exculpatory; failure to disclose violated Brady.	No report existed to disclose; Brady violation still not shown.	No Brady violation; no fingerprint report existed; failure to create exculpatory evidence not Brady error.

Key Cases Cited

United States v. Pomales-Lebrón, 513 F.3d 262 (1st Cir. 2008) (elements of conspiracy and possession with intent to distribute)
United States v. García-Carrasquillo, 483 F.3d 124 (1st Cir. 2007) (knowledge and intent to distribute required)
United States v. Rodríguez-Ortiz, 455 F.3d 18 (1st Cir. 2006) (mere presence and association not enough for conspiracy)
United States v. Morales-Machuca, 546 F.3d 13 (1st Cir. 2008) (credibility not resolved on appeal when sufficiency review)
United States v. Gonzalez-Vazquez, 219 F.3d 37 (1st Cir. 2000) (un corroborated informant testimony may sustain conviction if not incredible)
United States v. Marin, 523 F.3d 24 (1st Cir. 2008) (possession to protect drugs or proceeds can satisfy 'in furtherance' nexus)
United States v. Delgado-Hernandez, 420 F.3d 16 (1st Cir. 2005) (distinction between 'in furtherance' and nexus standard)
United States v. Brandao, 539 F.3d 44 (1st Cir. 2008) (standard for reviewing Brady/new-trial claims)
Arizona v. Youngblood, 488 U.S. 51 (Supreme Court 1988) (police do not have duty to create exculpatory evidence)
United States v. Nguyen, 98 Fed.Appx. 608 (9th Cir. 2004) (Brady does not require creating exculpatory reports)