United States v. Marvin Moody
664 F. App'x 367
| 5th Cir. | 2016Background
- Marvin Lewayne Moody was convicted of (1) conspiracy to possess with intent to distribute heroin, (2) conspiracy to possess with intent to distribute cocaine, and (3) possession of a firearm in furtherance of a drug trafficking crime.
- Moody dealt in large-scale heroin and cocaine from a house where agents later found a modified, loaded AR-15 near narcotics and suspected drug proceeds. He had prior felony convictions and the rifle was illegally configured and unregistered.
- Key government evidence included recorded calls between Moody and supplier Raphael Risher, testimony from Risher and co-conspirator Willy Jackson, undercover meetings and a staged buy‑and‑bust in the Eastern District of Texas, and shipments of drugs transported through that district.
- Moody argued improper venue (he never entered the Eastern District), insufficient evidence (no cocaine seized; firearm not used in furtherance), manufactured venue, witness fabrication, ineffective assistance for not moving for acquittal, and a material variance/multiple conspiracies.
- The district court convicted; Moody appealed raising the above challenges. The Fifth Circuit reviewed venue, sufficiency (for plain error where Moody failed timely objections), ineffective assistance (declining to address on direct appeal), and alleged variance.
Issues
| Issue | Plaintiff's Argument (Moody) | Government's Argument | Held |
|---|---|---|---|
| Venue proper in Eastern District of Texas | Venue improper because Moody never lived, worked, or received drugs there; government manufactured venue by luring him via Risher | Venue proper because conspiracy overt acts occurred in the Eastern District (meetings with undercover agents, staged buy, transport, delivery) | Venue proper; multiple overt acts in district satisfied venue rules; “manufactured venue” claim rejected |
| Sufficiency of evidence on firearm-in-furtherance (18 U.S.C. §924(c)) | Rifle not proven to be possessed in furtherance of drug trafficking | Rifle was stored in house used for large-scale trafficking, readily accessible, modified for efficiency, loaded, near narcotics and cash; Moody felon and unregistered owner | Evidence sufficient; conviction not a manifest miscarriage of justice under plain‑error review |
| Sufficiency of evidence on cocaine and heroin conspiracies | No cocaine seized; witnesses contradicted by forensic tests; alleged fabrication | Conspiracy completed by agreement and overt acts; recorded calls, shipments, payments, and multiple witnesses tied Moody to distribution | Evidence sufficient for both conspiracies; conspiracy does not require seizure and testimony was credible enough; verdict stands |
| Ineffective assistance of counsel for failing to move for acquittal | Counsel erred by not moving for judgment of acquittal at key times | Procedural posture: ineffective assistance normally raised collateral review; record not suited for direct relief | Court declines to resolve on direct appeal; claim left for collateral review |
| Material variance / multiple conspiracies | Trial proved multiple separate conspiracies; Moody implicated in fewer than the one charged | Even if variance existed, evidence established Moody’s participation in at least one proved conspiracy, so no prejudice | Any variance harmless; no prejudice to Moody’s substantial rights |
Key Cases Cited
- United States v. Garcia Mendoza, 587 F.3d 682 (5th Cir.) (venue for conspiracy where agreement formed or overt act occurred)
- United States v. Rodriguez-Lopez, 756 F.3d 422 (5th Cir.) (venue may be proper even if defendant never entered the district)
- United States v. Marable, 574 F.2d 224 (5th Cir.) (overt act in district suffices for venue)
- United States v. Ceballos-Torres, 218 F.3d 409 (5th Cir.) (factors for §924(c) possession-in‑furtherance analysis)
- United States v. Holley, 831 F.3d 322 (5th Cir.) (possession-in‑furtherance considerations)
- United States v. Delgado, 672 F.3d 320 (5th Cir.) (plain‑error standard for unpreserved sufficiency claims)
- United States v. Ballard, 586 F.2d 1060 (5th Cir.) (conspiracy complete upon formation; no actual possession required)
- United States v. Pietri, 683 F.2d 877 (5th Cir.) (conspiracy law principles)
- Massaro v. United States, 538 U.S. 500 (U.S.) (ineffective assistance claims generally brought on collateral review)
- United States v. Mitchell, 484 F.3d 762 (5th Cir.) (material variance and prejudice analysis)