871 F.3d 86
1st Cir.2017Background
- Undercover HSI agent arranged purchase of cocaine (initially 70–80 kg) from Dominican contacts; a blue Nissan Pathfinder provided with GPS tracker for delivery.
- On delivery day, defendants executed a car-switch: Pathfinder (loaded) and a green Acura exchanged drivers; 53.7 kg (45 bricks) of cocaine later seized from the Pathfinder after a stop.
- Naranjo was observed driving the Acura to a residence where he was staying as a guest; police executed a warrant and found $118,950, a loaded Glock with obliterated serial number (in a paint pail), and the dog-handler alerted to drugs in three places in Naranjo’s bedroom.
- Naranjo was indicted on counts including conspiracy to possess/import cocaine, possession with intent, importation, possession of a firearm in furtherance of a drug crime (18 U.S.C. § 924(c)), and possession of a firearm with an obliterated serial number (18 U.S.C. § 922(k)).
- At trial the government had not previously disclosed the dog handler; the court allowed the handler to testify after pausing the trial, giving parties time to prepare, allowing pre-jury testimony, and permitting defense expert evidence.
- Jury convicted Naranjo on all counts; Rule 29 motion for acquittal denied; sentencing set guideline offense level based on 50–150 kg (base level 36) and imposed a two-level role enhancement, resulting in a 188-month sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy (Count One) | Gov: circumstantial and direct evidence (car-switch, GPS, cash, proximity to drugs) supports a rational jury verdict. | Naranjo: evidence insufficient to prove his knowing agreement/participation. | Affirmed – reasonable jury could infer intent to agree and participation. |
| Possession of firearm in furtherance of drug trafficking (Count Five) | Gov: constructive possession (gun in Naranjo’s room, hidden, he stalled opening door) and nexus to trafficking (gun with cash, obliterated serial). | Naranjo: no proof he knowingly possessed gun or that it furthered the drug crime. | Affirmed – constructive possession and nexus were supported by evidence. |
| Possession of firearm with obliterated serial number (Count Six) | Gov: circumstantial proof of knowledge from possession, hiding, and proximity to drug proceeds. | Naranjo: insufficient evidence he knew serial was obliterated. | Affirmed – jury could reasonably infer knowledge. |
| Admission of dog-handler testimony | Gov: handler is a fact witness recounting observations and dog alerts; testimony necessary once presence revealed. | Naranjo: handler testimony was expert evidence, undisclosed, prejudicial; counsel ineffective for surprise. | Court erred in treating handler solely as lay but did not abuse discretion; error harmless given safeguards and strong other evidence. |
| Sentencing: drug-quantity and role enhancement | Gov: attributable quantity includes foreseeable 70–80 kg based on recorded agreement and corroborating evidence; Naranjo supervised at least one participant. | Naranjo: relevant conduct limited to 15–50 kg; challenges role enhancement (not a manager). | Affirmed – district court’s quantity and 2-level manager enhancement not clearly erroneous. |
Key Cases Cited
- United States v. Noah, 130 F.3d 490 (1st Cir.) (standard for reviewing sufficiency of the evidence)
- United States v. Troy, 583 F.3d 20 (1st Cir.) (sufficiency review framework)
- United States v. Rivera Calderón, 578 F.3d 78 (1st Cir.) (establishing conspiracy by words or actions)
- United States v. Hurley, 63 F.3d 1 (1st Cir.) (Pinkerton liability for co-conspirators)
- United States v. Rodríguez, 735 F.3d 1 (1st Cir.) (inferences supporting a participant’s knowledge in a drug exchange)
- United States v. Sanchez-Badillo, 540 F.3d 24 (1st Cir.) (constructive possession principles)
- United States v. Robinson, 473 F.3d 387 (1st Cir.) (factors for nexus between firearm and drug trafficking)
- Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999) (expert testimony standards and judge’s gatekeeping role)
- United States v. Flores-de-Jesús, 569 F.3d 8 (1st Cir.) (attributing reasonably foreseeable drug quantities under relevant conduct)
- United States v. Al-Rikabi, 606 F.3d 11 (1st Cir.) (standards for §3B1.1 organizer/manager enhancement)