591 F. App'x 347
6th Cir.2014Background
- Authorities conducted four controlled buys of methamphetamine in 2011, with Guadarrama allegedly selling to informants in Morristown, Tennessee, and Jefferson City, Tennessee.
- A May 23, 2011, transaction at Guadarrama’s apartment identified him as El Pelon; Rosales testified via video and identified Guadarrama.
- June 2, 2011, Rosales met Guadarrama in a Big Lots parking lot; an ounce of meth was exchanged and future purchase discussed; video recorded.
- April 4, 2012, a search of Guadarrama’s Jefferson City apartment revealed approximately sixty pounds of marijuana, a long gun, a pistol, and about $12,000 in cash in Bedroom Number 2.
- Guadarrama admitted storing Flaco’s marijuana, owning the pistol, and that he occasionally sold small quantities; he claimed the room belonged to a renter (Felipe) who had not returned for a month.
- A grand jury charged Guadarrama and co-defendants with conspiracy, drug, and firearm offenses; a jury convicted Guadarrama on multiple counts and he was sentenced to 180 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Count V 924(c) | Guadarrama argues no nexus between guns and drug offense. | Mackey factors insufficient due to placement and access issues. | Sufficient nexus; in-furtherance conviction affirmed. |
| Sufficiency of evidence for Count I conspiracy (100 kg marijuana) | There was agreement to distribute; volume over 100 kg shown by wrappers and bricks. | Qty estimate is speculative; may not exceed 100 kg. | Evidence supports conspiracy and quantity >100 kg; affirmed. |
| Sufficiency of evidence for Counts VI–VIII (922(g)(5)(A)) | Guadarrama’s possession of firearms by noncitizen is unlawful in presence of drugs. | Possession could be joint/constructive and not exclusive to him. | Constructive possession established; supported by dominion over Bedroom 2. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard: rational juror could find guilt beyond reasonable doubt)
- United States v. Chavis, 296 F.3d 450 (6th Cir. 2002) (Jackson sufficiency applied to preserve verdicts)
- United States v. Tocco, 200 F.3d 401 (6th Cir. 2000) (guides standard for circumstantial evidence in conspiracy)
- United States v. Beddow, 883 F.2d 496 (6th Cir. 1989) (Jackson-based review of conspiracy evidence)
- United States v. Carnes, 309 F.3d 950 (6th Cir. 2002) (manifest miscarriage of justice standard for unpreserved claims)
- United States v. Abdullah, 162 F.3d 897 (6th Cir. 1998) (manifestation of errors when Rule 29 not properly raised)
- United States v. Price, 134 F.3d 340 (6th Cir. 1998) (limits on appellate review when Rule 29 grounds are unspecified)
- United States v. Leary, 422 F. App’x 502 (6th Cir. 2011) (insufficient evidence where quantity and drug activity are minimal)
- United States v. Mackey, 265 F.3d 457 (6th Cir. 2001) (six-factor test for in-furtherance of drug trafficking)
- United States v. Mendizabal, 214 F. App’x 496 (6th Cir. 2006) (gun proximity to drugs supports in-furtherance finding)
- United States v. Swafford, 385 F.3d 1026 (6th Cir. 2004) (additional proximity between gun and drugs supports in-furtherance)
- United States v. Couch, 367 F.3d 557 (6th Cir. 2004) (guns in garage connected to known drug activities)
- United States v. Williams, 110 F. App’x 638 (6th Cir. 2004) (dominion over premises suffices for possession)