United States v. Citlalli Flores
2015 U.S. App. LEXIS 16843
| 9th Cir. | 2015Background
- Flores was stopped at the U.S. border on June 21, 2012, and 16.44 kg of marijuana were found in her car.
- She was indicted for importation of marijuana under 21 U.S.C. §§ 952 and 960 after a prior hung jury.
- At retrial, a jury convicted Flores; the district court imposed a two-level obstruction enhancement but then reduced sentencing under § 5K2.0 and 18 U.S.C. § 3553(a) to 12 months and 1 day.
- Flores defended on lack of knowledge that her car contained drugs and suggested a mechanic (Juan) planted them in Tijuan a; she also relied on testimony and other evidence to corroborate her story.
- The government introduced jail calls and Facebook messages; Flores challenged the suppression of Facebook evidence and the admissibility of such messages, as well as the sentencing enhancement.
- The court affirmed Flores’s conviction and sentence, finding prosecutorial misconduct present but not plain error, and rejecting the other asserted errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct vs. plain error | Flores argues the government misstated law and testimony. | Flores contends the misstatements affected the trial’s fairness. | Misconduct occurred but not plain error; no reversal. |
| Vouching for the automotive expert | Vouching prejudiced Flores. | Any vouching was non-prejudicial or harmless. | Not substantially prejudicial; no reversal. |
| Facebook evidence suppression | Warrant stale, overbroad, or scope exceeded. | Probable cause supported the warrant; scope reasonable. | Warrant valid; suppression denied; Facebook evidence admitted. |
| Obstruction of justice enhancement at sentencing | Enhancement lacked willfulness/materiality findings. | Enhancement supported by record. | District court properly applied § 3C1.1; sentence affirmed. |
Key Cases Cited
- United States v. Berry, 627 F.2d 193 (9th Cir. 1980) (prosecutor may not misstate law in closing)
- United States v. Kojayan, 8 F.3d 1315 (9th Cir. 1993) (misstating testimony can mislead the jury)
- United States v. Mageno, 762 F.3d 933 (9th Cir. 2014) (prosecutorial misstatements of testimony referenced)
- United States v. Ruiz, 710 F.3d 1077 (9th Cir. 2013) (plain-error standard governs when no objection)
- United States v. Adjani, 452 F.3d 1140 (9th Cir. 2006) (limits on electronic searches; severance concepts)
- United States v. Lei Shi, 525 F.3d 709 (9th Cir. 2008) (three-factor test for warrant breadth)
- United States v. Gomez-Soto, 723 F.2d 649 (9th Cir. 1984) (severance doctrine for overbroad warrants)
- United States v. Tamura, 694 F.2d 595 (9th Cir. 1982) (digital data retention with authorization)
- United States v. Gourde, 440 F.3d 1065 (9th Cir. 2006) (probative preservation of electronic data shows data may remain recoverable)