United States v. Gonsalves
859 F.3d 95
| 1st Cir. | 2017Background
- Stanley and Joshua Gonsalves ran an oxycodone trafficking operation on Cape Cod (starting c.2009 for Stanley; Joshua joined c.2010), hauling large quantities from Florida for wholesale resale.
- Law enforcement (FBI/DEA/ATF/IRS/state/local) investigated via "Operation White Devil;" confidential informants (CI-1 et al.) and cooperating witnesses implicated the brothers; indictments returned (2012 and superseding 2014) for drug conspiracy, money laundering, forfeiture, and a § 924(c) firearm count (Stanley only).
- February 27, 2012: CI-1 tipped police about a planned resupply trip; surveillance placed Joshua and Katelyn Shaw at the suspected location; a traffic stop followed, Shaw discarded pills, and police seized pills, cash, and a scale from Joshua’s Cadillac.
- At trial (18 days, 34 witnesses) the defendants argued witness credibility; the jury convicted both brothers on most charges (Stanley convicted on a rifle § 924(c) count but acquitted on a pistol count; Joshua acquitted on all gun counts). Jury also returned forfeiture findings and attributed over $5 million in proceeds.
- Joshua moved to suppress evidence from the February 2012 stop; both brothers moved for mistrial when witnesses or counsel mentioned prior incarceration despite a pretrial exclusion. Stanley challenged sufficiency of evidence and his Guidelines drug-quantity calculation at sentencing; he received 25 years (20 drug/money-laundering + 5 § 924(c)).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Suppression of evidence from warrantless car search (Joshua) | CI tip and surveillance did not supply probable cause/reasonable suspicion; stop and detention unlawful, so seized evidence must be suppressed | CI-1 had proven reliability, first-hand knowledge, corroboration by surveillance and task-force knowledge; probable cause justified stop/search; alternatively, reasonable suspicion justified detention until drug dog arrived | Affirmed: probable cause existed based on CI reliability, corroboration, and officers' expertise; search lawful under automobile exception and arrest-probable-cause once Shaw discarded drugs |
| 2. Motions for mistrial for references to prior incarceration (both) | Witnesses/prosecutor introduced impermissible propensity evidence (prior incarcerations), prejudicing defendants and warranting mistrial | Remarks were fleeting, inadvertent, promptly stricken and cured by jury instructions; evidence against defendants was strong, so no manifest prejudice | Affirmed: district court did not abuse discretion; curative instructions and context dispelled prejudice |
| 3. Sufficiency of evidence (Stanley) | Witnesses were incredible/unreliable so evidence was insufficient; gun not used in any drug transaction so § 924(c) not established | Credible testimony placed rifle in Stanley’s possession in area where drugs/money were handled and used for protection—possession "in furtherance of" trafficking; credibility determinations are for jury | Affirmed: viewing evidence in prosecution's favor, a rational juror could find all elements beyond a reasonable doubt, including § 924(c) possession-in-furtherance element |
| 4. Sentencing drug-quantity and Guidelines calculation (Stanley) | Drug-quantity (and resulting Guidelines range) was overstated; procedural error rendered sentence unreasonable | Even if Guidelines calculation erred, court expressly imposed a non-Guidelines sentence (proportionate to co-defendants) and stated it would impose same term regardless | Affirmed: plain-error review fails—defendant cannot show the Guidelines error affected substantial rights because court clearly intended and imposed a non-Guidelines sentence |
Key Cases Cited
- California v. Acevedo, 500 U.S. 565 (automobile exception to warrant requirement governs vehicle searches)
- Alabama v. White, 496 U.S. 325 (predictive details in informant tip can corroborate reliability)
- United States v. Ramírez-Rivera, 800 F.3d 1 (totality-of-circumstances test for probable cause from informant tips)
- United States v. White, 804 F.3d 132 (factors for assessing informant credibility and basis of knowledge)
- United States v. Polanco, 634 F.3d 39 (standard of review for suppression denials)
- United States v. Trinidad-Acosta, 773 F.3d 298 (standard for reviewing mistrial denials and evaluating prejudice)
- United States v. Gentles, 619 F.3d 75 (prosecutorial misconduct and prejudice analysis in closing argument challenges)
- United States v. Carlos Cruz, 352 F.3d 499 (evidence that a defendant possessed a firearm can satisfy § 924(c) possession element when tied to drug distribution/protection)