United States v. Jose Moya
690 F.3d 944
| 8th Cir. | 2012Background
- Defendants Silas Swift and Jose Escota Moya were charged with conspiracy to possess with intent to distribute meth and possession with intent to distribute meth (21 U.S.C. §§ 841(a)(1), 846).
- Evidence included a search of Swift's residence (challenged as lacking probable cause) and a farmouse tied to Escota Moya; other drug-related seizures occurred at Dawson's home and the Tahkodah farmhouse.
- The district court admitted the Swift residence evidence into trial under the Leon good-faith exception, despite finding insufficient probable cause.
- During a four-day jury trial, witnesses linked Swift and Escota Moya to a drug distribution network; Escota Moya admitted meth production at the farmhouse and possession of drugs.
- Swift moved to suppress the Swift residence evidence; the district court denied suppression but ruled admissible under Leon, and trial proceeded with the conspiracy and possession charges.
- The district court ultimately convicted Swift and Escota Moya of conspiracy and possession (Escota Moya also convicted of firearms possession); Swift received 176 months, Escota Moya 200 months; on appeal, the denial of suppressing evidence and sufficiency of the conspiracy/possession proofs are challenged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for the Swift residence warrant | Swift argues the warrant lacked probable cause. | Swift contends the warrant was invalid without probable cause. | Leon good-faith exception applies; evidence admissible. |
| Sufficiency of the evidence for conspiracy | Government proves Swift and Escota Moya knowingly joined a conspiracy. | Defense argues lack of agreement/participation. | Evidence sufficient; reasonable jury could find agreement and participation. |
| Sufficiency of the evidence for possession with intent to distribute (Swift) | Large quantity and possession at Dawson's home support intent to distribute. | Swift was merely a visitor; Dawson owned the drug, not Swift. | Evidence supports intent to distribute; conviction affirmed. |
Key Cases Cited
- United States v. Hudspeth, 525 F.3d 667 (8th Cir. 2008) (Leon good-faith standard applied; objective reasonableness of reliance on warrant)
- United States v. Grant, 490 F.3d 627 (8th Cir. 2007) (totality of circumstances in evaluating good faith)
- United States v. Strand, 761 F.2d 449 (8th Cir. 1985) (limits on police good-faith reliance under search warrants)
- United States v. Carpenter, 341 F.3d 666 (8th Cir. 2003) (infer reasonable likelihood of drug trafficking at residence)
- United States v. Ross, 487 F.3d 1120 (8th Cir. 2007) (probable cause inference for drug-trafficking operations)