United States v. Javier Garcia-Hernandez
2012 U.S. App. LEXIS 12983
8th Cir.2012Background
- Investigation into a Nebraska meth conspiracy from 2009–2010; controlled buys, surveillance, and multiple searches including Garcia-Hernandez's residence.
- No drugs found at Garcia-Hernandez's home, but documents belonging to Rodriguez and others connected to the conspiracy were discovered.
- Garcia-Hernandez was charged with conspiracy to distribute and possess with intent to distribute 500+ grams of methamphetamine; he moved to suppress the May 2010 search warrant.
- Warrant affidavit tied Garcia-Hernandez to the operation via vehicle activity, cold storage, and phone records; the warrant was denied suppression.
- Trial lasted five days; multiple witnesses including co-conspirators testified; Garcia-Hernandez used alias 'Alberto Perez' and 'Al'; evidence linked him to the network.
- Jury found Garcia-Hernandez guilty; district court sentenced him to life based on prior felonies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the warrant supported by probable cause? | Garcia-Hernandez asserts lack of nexus and stale information. | Garcia-Hernandez contends insufficient probable cause tying residence to the conspiracy. | Probable cause existed; sufficient nexus and continuing activity invalidated stale claim. |
| May Rodriguez's pre-2009 drug-dealing testimony be admitted under Rule 404(b)? | Prosecution needed to show knowledge/intent; relevance toward conspiracy. | Testimony was unfairly prejudicial and improper 404(b) evidence. | Admission was proper for background/understanding of relationships; limiting instruction adequate. |
| Is there sufficient evidence Garcia-Hernandez knowingly joined the conspiracy? | Evidence shows Garcia-Hernandez sold, coordinated deals, and transported drugs; his involvement is proven. | No drugs found at his residence; plea witnesses are unreliable due to plea agreements. | Evidence was sufficient; jury could infer knowledge and intent to join. |
Key Cases Cited
- United States v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause requires a fair probability of evidence at the place)
- United States v. Allen, 297 F.3d 790 (8th Cir. 2002) (substantial basis for probable cause with deference to issuing judge)
- United States v. Palega, 556 F.3d 709 (8th Cir. 2009) (continuing pattern of behavior; not stale when viewed as a whole)
- United States v. Orozco-Rodriguez, 220 F.3d 940 (8th Cir. 2000) (background and circumstances; not 404(b) evidence)
- United States v. Rock, 282 F.3d 548 (8th Cir. 2002) (evidence related to the charged crimes; admissibility under Rule 404(b))
- United States v. Crippen, 627 F.3d 1056 (8th Cir. 2010) (juror credibility in evaluating conspiracy evidence)
- United States v. Aldridge, 664 F.3d 705 (8th Cir. 2011) (credibility of witnesses is largely unreviewable on appeal)
- United States v. Ellison, 616 F.3d 829 (8th Cir. 2010) (abuse of discretion standard for evidentiary rulings)
- United States v. Buchanan, 574 F.3d 554 (8th Cir. 2009) (probable cause review with substantial deference to the issuing judge)