United States v. Juvenal Ambriz
727 F.3d 378
5th Cir.2013Background
- Undercover DEA agent purchased two small baggies of cocaine at Jaguars Gold Club late on Jan. 5, 2012, and later identified the seller by appearance.
- Officers stopped a white Chevy Blazer and identified the passenger as Juvenal Ambriz; a consensual search revealed six baggies on Ambriz similar to those sold to the agent.
- Ambriz was indicted for distribution of a controlled substance (21 U.S.C. § 841(a)(1)); the government did not charge simple possession under § 844(a).
- At trial the district court (1) refused Ambriz's requested jury instruction that simple possession is a lesser-included offense of distribution and (2) admitted the six baggies into evidence over Ambriz's Rule 403 objection.
- Jury convicted Ambriz of distribution; he was sentenced to 18 months and appealed, challenging the lesser-included instruction denial and the admission of the baggies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether simple possession (§ 844(a)) is a lesser-included offense of distribution (§ 841(a)(1)) | Govt: statutory elements differ; distribution requires an element not in possession | Ambriz: possession is necessarily included in distribution; thus jury should be allowed to convict on lesser offense | Court: possession is not a subset of distribution; lesser-included instruction not required; affirmed |
| Whether admission of six baggies violated Fed. R. Evid. 403 | Govt: baggies are highly probative to identity and link defendant to undercover sale | Ambriz: admission was unfairly prejudicial and should have been excluded | Court: probative value (identity/connection to sale) outweighed prejudice; admission not an abuse of discretion; affirmed |
Key Cases Cited
- United States v. Cooper, 714 F.3d 873 (5th Cir. 2013) (elements test for lesser-included-offense instructions)
- Schmuck v. United States, 489 U.S. 705 (1989) (elements-based test for lesser-included offenses)
- United States v. Deisch, 20 F.3d 139 (5th Cir. 1994) (possession is lesser-included of possession-with-intent-to-distribute)
- United States v. Woerner, 709 F.3d 527 (5th Cir. 2013) (possession is not a lesser-included offense of distribution in child-pornography context)
- Carter v. United States, 530 U.S. 255 (2000) (statutory interpretation principles applied to criminal elements)
- United States v. Williams, 620 F.3d 483 (5th Cir. 2010) (Rule 403 review standard; clear abuse of discretion required for reversal)