United States v. Feather Saldana, 697 F. App'x 431

Feather Saldana (mother) and Shawna Johnson (daughter) were convicted by a jury of conspiracy to import ≥5 kg of a cocaine-containing mixture and of importation of ≥5 kg of a cocaine-containing mixture.
Saldana received concurrent statutory-minimum 120-month sentences; Johnson received concurrent 135-month sentences.
Saldana was arrested attempting to drive Johnson’s vehicle from Mexico into the U.S.; a large quantity of cocaine was found in a hidden compartment.
Three co-conspirators testified about Saldana’s role, including acquiring and modifying a vehicle for smuggling.
Saldana challenged sufficiency of evidence as to guilty knowledge; Johnson moved for a new trial alleging Sixth Amendment violations and ineffective assistance of counsel.
The district court denied the motions; the panel reviewed sufficiency de novo (Jackson standard) and the new-trial denial for abuse of discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence as to Saldana's guilty knowledge	Saldana: Government failed to prove knowledge for conspiracy and importation	Government: Control of vehicle, hidden compartment, and co-conspirator testimony permit inference of knowledge	Sufficiency affirmed—evidence permitted a rational jury to find guilty knowledge
Whether bench-conference admonishments denied Johnson a fair trial	Johnson: Court and defense counsel conduct (in limine violations, rebukes) was audible to jury and prejudiced fairness	Government: Bench conferences were not audible; criticisms outside jury presence do not violate Sixth Amendment	Denial of new trial affirmed—no showing bench conferences deprived Johnson of a fair trial
Ineffective assistance of counsel (Johnson)	Johnson: Counsel’s unprofessional conduct amounted to ineffective assistance	Government: Even if some conduct was poor, there was no prejudice given substantial evidence of guilt	Denial affirmed—Strickland test not met; no prejudice to outcome
Standing to challenge co-defendant counsel’s conduct	Johnson: Saldana’s counsel’s conduct affected Johnson’s trial	Government: Johnson lacks standing except to the extent conduct affected her own rights	Court held Johnson lacks standing except for effects on her own rights; no hurt shown

Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review).
United States v. Vasquez, 677 F.3d 685 (5th Cir.) (control of vehicle and hidden compartments can support inference of knowledge; requires additional suspicious circumstantial evidence for concealed drugs).
United States v. Vargas-Ocampo, 747 F.3d 299 (5th Cir.) (elements of drug conspiracy offense).
United States v. Moreno, 185 F.3d 465 (5th Cir.) (elements of drug importation offense).
United States v. Pratt, 807 F.3d 641 (5th Cir.) (abuse-of-discretion review of new-trial denials).
Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective-assistance test).
Lafler v. Cooper, 566 U.S. 156 (prejudice inquiry in ineffective-assistance context).
United States v. Abrams, 568 F.2d 411 (bench criticisms outside jury presence do not automatically violate Sixth Amendment).
United States v. Fuchs, 467 F.3d 889 (addressing when ineffective-assistance claims litigated below may be reviewed on appeal).
Texas v. Cobb, 532 U.S. 162 (standing limitation on complaining about another’s counsel where it doesn’t affect defendant's own rights).