United States v. Liana Lee Lopez
649 F.3d 1222
| 11th Cir. | 2011Background
- Four Florida drug conspirators—Daniel Varela, Liana Lopez, Daniel Troya, and Ricardo Sanchez—were tried together for a racketeering-drug conspiracy and related offenses arising from an operation housed at the Thug Mansion.
- The group committed murders of a rival dealer’s family on October 13, 2006, connected to the broader drug-trafficking enterprise; murders were linked by cell phone data, toll records, and seized materials.
- Searches of the Thug Mansion and Escobedo residence yielded drugs, weapons, ledgers, and other trafficking tools, establishing the conspiracy and criminal enterprise.
- Defendants Lopez and Varela sought severance from Troya and Sanchez, who faced capital charges in counts 5–10, while Varela had unrelated felon-in-possession charges.
- The district court denied severance, denied Rule 14 motions, and the jury—which was death-qualified—found all four defendants guilty on all counts; Varela was sentenced to life imprisonment under 21 U.S.C. § 841(b)(1)(A) and Lopez received a 180-month sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of severance was an abuse of discretion | Varela argues joint trial with capital defendants caused prejudice | Court properly weighed prejudice versus efficiency, abuse not shown | No abuse; denial affirmed |
| Whether felon-in-possession charges should be severed | Varela claims prejudice from mixing felon-in-possession with other counts | Guns and drugs are closely linked; severance not required | Denial proper; no abuse |
| Whether requiring unanimous agreement to exercise peremptory challenges was error | Varela contends unanimity is unnecessary and prejudicial | Rule 24(b) permits joint or separate challenges; unanimous requirement permissible | No abuse; requirement upheld |
| Whether the October 25, 2006 Thug Mansion search was supported by probable cause | Affidavit reliance on controlled buy was defective; stale after murders | Totality of circumstances supported probable cause; delays did not erase cause | Probable cause supported; suppression denied |
| Whether admission of Mullino/Calderon testimony under Rule 403 was an abuse | Testimony of prior acts unduly prejudicial | Evidence with probative value outweighed prejudice; proper context provided | No abuse; 403 ruling sustained |
Key Cases Cited
- Zafiro v. United States, 506 U.S. 534 (U.S. 1993) (joint trials generally permissible; limited grounds for severance)
- Buchanan v. Kentucky, 483 U.S. 402 (U.S. 1987) (death-qualified juries do not require severance)
- Blankenship v. United States, 382 F.3d 1110 (11th Cir. 2004) (limits of spillover prejudice in multi-defendant trials)
- Cross v. United States, 928 F.2d 1030 (11th Cir. 1991) (spillover evidence and limiting instructions considerations)
- Old Chief v. United States, 519 U.S. 172 (U.S. 1997) (prior conviction admissions; risk of prejudice)
- Diaz v. United States, 248 F.3d 1065 (11th Cir. 2001) (context of prejudicial evidence and jury assessment)
- Hernandez v. United States, 921 F.2d 1569 (11th Cir. 1991) (spillover prejudice analysis in complex trials)