United States v. Perez
2011 U.S. App. LEXIS 24621
| 8th Cir. | 2011Background
- MSHP investigated a large, cultivated marijuana field with over 100 plants in Caldwell County, Missouri.
- A hidden video recorded Perez near the field, and later he was found near tents with marijuana processing tools.
- Officers recovered a .22 rifle, ammunition, a walkie-talkie, and clothing near the tents; ammunition matched a box in an adjacent house.
- Witness Cabrera-Verdugo testified Perez obtained and loaded the rifle for protection; he requested the gun for protection from thieves.
- Perez was arrested about 50 yards from the rifle after fleeing officers; trial included testimony by a DEA agent and an interpreter.
- Perez was convicted on Counts 1–3; he challenged the sufficiency of the evidence for possession and the interpreter’s credibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of constructive possession of the rifle | Perez contends no nexus to firearm; no control over premises. | Perez argues no dominion or control over the gun or site. | Court upheld sufficiency; Perez possessed the rifle constructively. |
| Credibility of the interpreter's translation | Morrison's translation contains inconsistencies undermining reliability. | Translation unreliable; could affect evidence of possession. | Court upheld credibility; no reversible error in translation. |
| Standards for reviewing findings and new-trial denial | Denial of judgment of acquittal or new trial erroneous under de novo/review standard. | Jury verdict supported by substantial evidence; standard of review deferential. | Court affirmed district court; no abuse of discretion or lack of evidence. |
Key Cases Cited
- United States v. Saddler, 538 F.3d 879 (8th Cir. 2008) (sufficient evidence of actual and constructive possession of firearms)
- United States v. Patterson, 886 F.2d 217 (8th Cir. 1989) (constructive possession may be established by circumstantial evidence)
- United States v. Serrano-Lopez, 366 F.3d 628 (8th Cir. 2004) (definition of actual possession)
- United States v. Cox, 627 F.3d 1083 (8th Cir. 2010) (possession may be established by control of the place or firearm)
- United States v. Byas, 581 F.3d 723 (8th Cir. 2009) (must show nexus between defendant and firearm; proximity is not enough alone)
- United States v. Tate, 633 F.3d 624 (8th Cir. 2011) (de novo review of denial of judgment of acquittal; deference to jury verdict)
- United States v. Brown, 634 F.3d 435 (8th Cir. 2011) (reaffirmed proximity-based considerations in possession analysis)
- United States v. Fujii, 301 F.3d 535 (7th Cir. 2002) (cadence for evaluating interpreter reliability in translations)