United States v. Cabrera-Beltran
660 F.3d 742
| 4th Cir. | 2011Background
- Cabrera-Beltran was convicted by a jury of conspiracy to import and distribute cocaine and heroin; drugs and vehicle concealment schemes were central to the operation.
- Dodson recruited to move drugs and drug proceeds using vehicles with hidden compartments; multiple trips involved a Nissan Sentra, a Nissan Murano, a Volkswagen Jetta, an Isuzu Rodeo, and a Buick.
- The money and drugs were seized in January 2008 after a Jetta crossing with heroin and cocaine was stopped; two residences tied to Cabrera-Beltran yielded further evidence.
- Law enforcement confirmed through TECS system that Cabrera-Beltran and co-conspirators crossed the border on various dates in different vehicles.
- Cabrera-Beltran was sentenced within guidelines range after a three-level enhancement for managerial role in the conspiracy.
- The Fourth Circuit affirmed the convictions and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jurors were improperly struck for language reasons. | Cabrera-Beltran argues Equal Protection issues. | Cabrera-Beltran contends Sixth Amendment rights were violated. | No reversible error; district court acted within discretion. |
| Whether TECS records are testimonial and violate Confrontation Clause. | TECS records are testimonial and require cross-examination. | TECS records should be excluded under Confrontation Clause. | TECS records are non-testimonial; no Confrontation Clause violation. |
| Whether conviction on a lesser included offense created a variance. | Conspiracy to import/distribute 1 kg heroin and 5 kg cocaine supports greater charge. | Conviction on lesser included offense constitutes variance. | Permissible; no variance as lesser-included offense encompassed elements. |
| Whether admission of Salgado's 404(b) testimony was erroneous. | Prior drug transactions show knowledge and intent. | Bad acts evidence prejudicial. | Admissible; probative and not substantially outweighed by prejudice. |
| Whether the three-level managerial-role enhancement was proper. | Enhancement reflects Cabrera-Beltran’s control and recruitment. | Overreach; may not aggregate responsibility. | Not clearly erroneous; enhancement affirmed. |
Key Cases Cited
- Hernandez v. New York, 500 U.S. 352 (1991) (translation-based challenges can be for-cause concerns)
- Udeozor v. United States, 515 F.3d 260 (2008) (core class of testimonial statements)
- Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (2009) (forensic reports are testimonial when created for trial)
- Puente v. United States, 826 F.2d 1415 (1987) (TECS-like records as routine, nonadversarial public records)
- Orozco v. United States, 590 F.2d 793 (1979) (TECS records as non-testimonial public records)
- Sanchez v. United States, 118 F.3d 199 (1997) (prior crimes evidence supporting knowledge/intent in drug cases)