United States v. Angel Iturbe-Gonzalez
705 F. App'x 486
| 9th Cir. | 2017Background
- Angel Iturbe-Gonzalez was convicted by a jury for conspiracy to distribute and possession with intent to distribute controlled substances and sentenced to 151 months.
- At trial the government introduced evidence of Iturbe-Gonzalez’s 2012 arrest and his 2015 arrest; the defense objected to both admissions.
- The indictment charged conspiracy and possession with intent to distribute both methamphetamine and heroin (pled conjunctively).
- At sentencing Iturbe-Gonzalez sought “safety valve” relief under 18 U.S.C. § 3553(f)/U.S.S.G. § 5C1.2, asserting he had provided all truthful information; the court found he withheld information about a potential co-actor.
- The Ninth Circuit reviewed three main claims on appeal: admissibility of the two arrests, the jury instruction permitting conviction based on either drug type, and denial of safety-valve relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of 2012 arrest evidence | Government: admissible under Rule 404(b) to prove material points (quantity, type, concealment); probative value outweighed prejudice after Rule 403 balancing | Iturbe-Gonzalez: prior arrest was prejudicial and should have been excluded under Rules 403/404(b) | Affirmed — admission within district court’s discretion; Rule 403 analysis adequate and any error harmless |
| Admission of 2015 arrest evidence | Government: 2015 arrest was inextricably intertwined with charged conduct and admissible under Rule 402 (not Rule 404(b)) | Iturbe-Gonzalez: evidence was prejudicial and governed by Rule 404(b) limits | Affirmed — evidence was necessary to tell the story of the crime and properly admitted; any Rule 403 error harmless |
| Jury instruction on drug type | Government: type/quantity are not elements of §841 offenses; although indictment pled both drugs conjunctively, jury may convict if proven as to either substance | Iturbe-Gonzalez: instruction allowed conviction without proving all indicted drug types, violating notice/element concerns | Affirmed — type/quantity are not elements; jury permissibly instructed it could find guilt as to either methamphetamine or heroin; any error harmless since jury found both quantities |
| Denial of safety-valve relief (§3553(f)(5)) | Iturbe-Gonzalez: he had truthfully provided all information and should receive safety-valve relief | Government: he refused to answer questions about a potential participant and withheld information, failing requirement (5) | Affirmed — district court did not clearly err; defendant withheld information about a potential player and thus failed to meet the fifth criterion |
Key Cases Cited
- United States v. Romero, 282 F.3d 683 (9th Cir. 2002) (other-acts evidence admissible if it proves a material point, is not too remote, is supported by sufficient evidence, and, when required, is similar to charged offense)
- United States v. Williams, 291 F.3d 1180 (9th Cir. 2002) (evidence inextricably intertwined with charged conduct may be admitted without Rule 404(b) analysis)
- United States v. Gonzales, 506 F.3d 940 (9th Cir. 2007) (en banc) (overruling on other grounds noted)
- United States v. Toliver, 351 F.3d 423 (9th Cir. 2003) (drug type and quantity alleged in indictment are not elements of §841 and need not be treated as such at trial)
- United States v. Vera, 770 F.3d 1232 (9th Cir. 2014) (type and quantity function as sentencing factors rather than elements of the base offense)