United States v. De Jesus-Viera
655 F.3d 52
| 1st Cir. | 2011Background
- CBP officers conducted a border search in Mayagüez, Puerto Rico, uncovering 2.12 kg heroin and 96 kg cocaine in a hidden undercarriage compartment of De Jesús-Viera's car.
- De Jesús-Viera owned and drove the car; evidence showed modifications designed to conceal contraband and control access to the compartment.
- Officers observed nervous demeanor, inconsistent trip explanations, and density readings suggesting a hidden compartment, leading to a search beyond routine inspection.
- A canine unit signaled narcotics, officers drilled into the undercarriage, and found white powder later tested as cocaine, with subsequent discovery of heroin and an electronic concealment device.
- De Jesús-Viera was charged with conspiracy to possess with intent to distribute heroin and cocaine and with importing heroin and cocaine; he moved to suppress the seized evidence, which the district court denied.
- The district court sentenced De Jesús-Viera to concurrent 188-month terms after rejecting a minor-role adjustment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression denial was proper | State: ample reasonable suspicion supported drilling | De Jesús-Viera: improper non-routine search without suspicion | Affirmed suppression denial; reasonable suspicion supported search |
| Whether the willful blindness instruction was proper | State: instruction properly allowed inference of knowledge | De Jesús-Viera: instruction misleading or unfounded | Instruction upheld; no plain error |
| Whether the evidence suffices to prove knowledge and intent | State: ownership and control plus quantity support knowledge | De Jesús-Viera: insufficiency of evidence of knowledge | Convictions affirmed; substantial evidence supports knowledge and possession |
| Whether the district court correctly denied the minor role reduction | State: no other participants shown | De Jesús-Viera: minor role adjustment warranted | Denied; no clear error in finding no other participants |
Key Cases Cited
- Flores-Montano v. United States, 541 U.S. 149 (U.S. 2004) (border-search framework; non-routine search may require suspicion)
- Robles v. United States, 45 F.3d 1 (1st Cir. 1995) (non-routine border search; likelihood of reasonable suspicion)
- Espinoza v. United States, 490 F.3d 41 (1st Cir. 2007) (requires particularized, objective basis for suspicion)
- United States v. Azubike, 564 F.3d 59 (1st Cir. 2009) (willful blindness instruction proper when elements met)
- United States v. Gerhard, 615 F.3d 7 (1st Cir. 2010) (plain-error standard for review)