United States v. Norman Izaguirre Guerrero
674 F. App'x 604
8th Cir.2017Background
- Normán David Izaguirre Guerrero was convicted of conspiring to distribute 50+ grams of actual methamphetamine under 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846 and sentenced to 150 months’ imprisonment.
- Investigation began after Jeana Johnson sold meth in a controlled buy and identified Jean Enamorado as her source; Johnson made five controlled purchases from Enamorado, with an agent present for the fifth.
- A search of Enamorado’s home recovered ~67 grams of meth, marijuana, a handgun, and records; Enamorado cooperated and identified Guerrero, Vany Martinez, and William Vaquerano as associates.
- Over a year later Guerrero was arrested; police found cash and a loaded handgun at his residence. Several cooperating witnesses (Johnson, Enamorado, Martinez, Vaquerano, and a customer) testified Guerrero delivered meth, collected money, and ran the operation while Enamorado was jailed.
- The jury convicted Guerrero; he moved for judgment of acquittal and for a new trial asserting insufficiency of the evidence, which the district court denied. The Eighth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy conviction | Government: multiple cooperating witnesses, physical evidence, and testimony tied Guerrero to distribution and money collection | Guerrero: evidence insufficient; testimony unreliable/insufficient to prove his knowing and intentional participation in conspiracy | Affirmed: viewing evidence favorably to government, jury reasonably found Guerrero knowingly joined conspiracy |
| Reliance on cooperating witness testimony | Government: cooperating witness testimony may alone sustain conviction if credible | Guerrero: convictions should not rest on uncorroborated accomplice testimony | Affirmed: court accepts that convictions can rest on cooperating witnesses and need not be corroborated beyond jury credibility findings |
| Credibility challenges and new trial motion | Government: credibility is for jury; no basis for new trial | Guerrero: jury improperly credited witnesses; requires acquittal or new trial | Denied: appellate court will not reassess witness credibility absent exceptional circumstances |
| Weight of physical evidence (guns, drugs, cash) | Government: physical seizures corroborate narcotics enterprise and Guerrero’s involvement | Guerrero: seized items do not link him to conspiracy beyond speculation | Affirmed: physical evidence supports the conspiracy context and corroborates witness testimony |
Key Cases Cited
- United States v. Goodale, 738 F.3d 917 (8th Cir. 2013) (standard for reviewing denial of judgment of acquittal)
- United States v. Keys, 721 F.3d 512 (8th Cir. 2013) (elements of conspiracy under § 846)
- United States v. Lopez, 443 F.3d 1026 (8th Cir. 2006) (government must prove connection to conspiracy beyond a reasonable doubt)
- United States v. Smith, 632 F.3d 1043 (8th Cir. 2011) (verdicts may be upheld based solely on cooperating witnesses)
- United States v. L.B.G., 131 F.3d 1276 (8th Cir. 1997) (unacorborated testimony of a single witness may suffice to sustain a conviction)
- United States v. Pizano, 421 F.3d 707 (8th Cir. 2005) (jury verdict reversal for insufficient evidence is disfavored)