United States v. Diaz Arias
717 F.3d 1
| 1st Cir. | 2013Background
- Diaz-Arias was convicted after a four-day jury trial of conspiracy to distribute at least five kilograms of cocaine; he appeals asserting multiple trial errors.
- Investigation focused on Manuel Pinales' organization distributing cocaine in Boston area, with core members Heredia, Rodríguez, Pena; DEA wiretaps on several defendants tied Diaz-Arias to the conspiracy.
- Evidence against Diaz-Arias centered on wiretap recordings referring to a speaker identified as Hipólito and on drug ledgers linking Hipólito to cocaine transactions and debts.
- Prosecution introduced exhibits containing Hipólito’s voice and transcripts; Trooper Cepero compared Hipólito’s voice to Diaz-Arias’ voice using his native Dominican Spanish expertise.
- Arrested in 2004 under aliases; re-arrested in 2009 with Dominican passport and other aliases; jury found him guilty and district court sentenced him to 120 months with five years’ supervised release, after determining five or more kilograms were attributable to him.
- District court later held Diaz-Arias liable for five or more kilograms for Apprendi purposes and imposed the statutory mandatory minimum; Diaz-Arias appealed challenging voice ID, transcript labeling, unrelated drug seizures, race instruction, and drug-quantity finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voice identification: admissibility of lay opinion by Trooper Cepero | Diaz-Arias argues Cepero’s testimony violated Rule 701 | govt contends Cepero’s expertise aided jurors in a Spanish-language context | No abuse of discretion; testimony was helpful and based on personal knowledge |
| Transcripts labeling: use of transcripts labeling Hipólito; Jadlowe distinctions | Transcripts with Hipólito labeling and officer voice ID were improper | Labeling supported by Cepero’s identification; sufficient independent evidence exists | No reversible error; labeling and transcripts permissible with proper instruction |
| Admission of unrelated drug seizures | Evidence of separate seizures shows variance from single conspiracy | Proved interdependence via shared hub network and consistent ledger entries | No reversible error; sufficient evidence supports single conspiracy finding |
| Race instruction | Requested race/ethnicity instruction was necessary to curb bias risk | Court’s general prejudice instruction suffices | No reversible error; the district court’s instruction was adequate |
| Drug quantity attribution to Diaz-Arias | Apprendi requires jury determining quantity | Minimum sentence permissible if below statutory max; preponderance allowed for quantity | Apprendi not violated; five+ kg finding supported by ledgers, proffers, and trial evidence |
Key Cases Cited
- United States v. Jadlowe, 628 F.3d 1 (1st Cir. 2010) (transcript labeling and lay opinion testimony may be error if not harmless)
- Rosado-Pérez v. United States, 605 F.3d 48 (1st Cir. 2010) (warning against improper overarching investigative testimony)
- Flores-De Jesús v. U.S., 569 F.3d 8 (1st Cir. 2009) (lay opinion foundations and reliability concerns)
- Vázquez-Rivera v. United States, 665 F.3d 351 (1st Cir. 2011) (limitation on lay expertise based on general perception)
- Sánchez-Badillo v. United States, 540 F.3d 24 (1st Cir. 2008) (circumstantial evidence sufficiency in conspiracy cases)
- Delosantos v. United States, 649 F.3d 109 (1st Cir. 2011) (evaluating single conspiracy with interdependence factors)
- United States v. Goodine, 326 F.3d 26 (1st Cir. 2003) (Apprendi-related sentencing framework in the First Circuit)
- United States v. Platte, 577 F.3d 387 (1st Cir. 2009) (quantity findings for mandatory minimums within permissible max)