United States v. Jose Almeida-Olivas
2017 U.S. App. LEXIS 13924
| 8th Cir. | 2017Background
- Almeida-Olivas was investigated in a DHS probe into a Kansas City methamphetamine distribution conspiracy; 31 co-defendants were charged in March 2012, but he initially was not charged due to misidentification.
- After identifying him correctly, a two-count indictment charged him with: (1) conspiracy to distribute 500 grams or more of a methamphetamine mixture, and (2) use of a telephone to facilitate distribution.
- At trial the government introduced Title III intercepted phone calls and testimony from co-conspirators (including his nephew Porfirio and Martin Tavizon-Nunez) describing purchases, deliveries, and a substantial debt tied to pound-quantity shipments.
- Almeida-Olivas moved for judgment of acquittal at close of evidence and requested a lesser-included-offense instruction (conspiracy to distribute less than 500 grams); both were denied.
- The jury convicted on both counts; Almeida-Olivas was sentenced to 210 months (conspiracy) plus 48 months (telephone), consecutive. He appealed the sufficiency ruling and the refusal to give the lesser-included instruction.
Issues
| Issue | Plaintiff's Argument (Almeida-Olivas) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Whether evidence was sufficient to sustain conviction for conspiracy to distribute ≥500g and use of telephone to facilitate distribution | Evidence was insufficient to prove he knowingly joined or furthered the conspiracy | Intercepted calls and co-conspirator testimony showed he knew of/dealt with pound-quantity transactions, helped collect debt, and used a phone to facilitate the scheme | Conviction affirmed; evidence sufficient for both counts |
| Whether district court erred by refusing a lesser-included instruction (conspiracy <500g) | Requested instruction because jury might reasonably find involvement limited to <500g | Record showed only pound-quantity dealings (debts and a 7‑lb delivery); no evidence tying him to <500g and defendant maintained innocence throughout trial | Denial affirmed; no rational basis for lesser-included instruction |
Key Cases Cited
- United States v. Wright, 739 F.3d 1160 (8th Cir. 2014) (standard for reviewing denial of judgment of acquittal)
- United States v. Sanchez, 789 F.3d 827 (8th Cir. 2015) (elements of conspiracy conviction)
- United States v. Conway, 754 F.3d 580 (8th Cir. 2014) (co-conspirator testimony can suffice to establish guilt)
- United States v. Johnson, 719 F.3d 660 (8th Cir. 2013) (participant need not know all conspirators or details to be a conspirator)
- United States v. Mims, 812 F.2d 1068 (8th Cir. 1987) (elements for use-of-communication-device offense)
- United States v. Lasley, 832 F.3d 910 (8th Cir. 2016) (standard for lesser-included-offense instructions)
- Keeble v. United States, 412 U.S. 205 (U.S. 1973) (defendant entitled to lesser-included instruction if evidence permits rational finding of lesser offense)