United States v. Hector Lopez-Monzon
2017 U.S. App. LEXIS 3699
5th Cir.2017Background
- Lopez-Monzon, owner of a Freightliner car-hauler tractor-trailer, traveled from Guatemala toward the U.S. border; a hired driver (Buentello-Garcia) entered the U.S. with the Freightliner at Los Indios, Texas.
- CBP inspected the Freightliner and found ~100 gallons of liquid in the passenger-side fuel tank containing 200.3 kg of methamphetamine hydrochloride (≈411.4 kg of substance), valued up to $3 million.
- Lopez-Monzon met CBP the next day, identified himself as the Freightliner owner, and denied knowing about drugs, blaming a co-owner “Ruben”; he admitted one fuel tank was defective but said it “did not bother him.”
- Documentary evidence (invoices, money orders) in Lopez-Monzon’s luggage conflicted with his account and were shown to be falsified; passport exit stamps and insurance records suggested omissions about travel and a second tractor-trailer.
- Lopez-Monzon was tried; the jury convicted him of possession with intent to distribute (21 U.S.C. § 841) and importing methamphetamine (21 U.S.C. § 952/960) but acquitted on related conspiracy counts; he appealed only the knowledge element of the convictions.
Issues
| Issue | Lopez-Monzon’s Argument | Government’s Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove Lopez-Monzon knew methamphetamine was in the fuel tank | He lacked knowledge of the drugs; his statements and possession of documents could be innocent or explainable | Circumstantial evidence (ownership/control, inconsistent statements, implausible explanations, high drug value, nervousness) shows guilty knowledge | Affirmed: a rational jury could find knowledge beyond a reasonable doubt |
Key Cases Cited
- Rojas Alvarez, 451 F.3d 320 (5th Cir. 2006) (standard for reviewing sufficiency of evidence after denial of acquittal)
- Lucio, 428 F.3d 519 (5th Cir. 2005) (deference to jury verdict when assessing sufficiency)
- Jackson v. Virginia, 443 U.S. 307 (1979) (any rational trier of fact standard)
- Rodriguez, 993 F.2d 1170 (5th Cir. 1993) (knowledge may be inferred from control over vehicle; circumstantial evidence rule)
- Diaz-Carreon, 915 F.2d 951 (5th Cir. 1990) (inconsistent statements, implausible accounts, and nervousness as circumstantial evidence)
- Shabazz, 993 F.2d 431 (5th Cir. 1993) (hidden compartments require suspicious circumstantial evidence)
- Resio-Trejo, 45 F.3d 907 (5th Cir. 1995) (limitations on types of circumstantial evidence not exhaustive)
- Villarreal, 324 F.3d 319 (5th Cir. 2003) (drug value/quantity as evidence probative of knowledge)
- Garcia-Flores, 246 F.3d 451 (5th Cir. 2001) (quantity of drugs is a factor in proving knowledge)
- Patino-Prado, 533 F.3d 304 (5th Cir. 2008) (elements of possession with intent to distribute)