United States v. Rivera-Donate
682 F.3d 120
1st Cir.2012Background
- Defendants Rivera-Donate and González were convicted by a jury of conspiracy to possess with intent to distribute multi-kilogram quantities of controlled substances in Puerto Rico.
- Indictment (Dec 1, 2005) charged Martínez-Figueroa’s drug organization with drugs at La Ferrán Ward, Nueva Atenas, Méndez Vigo streets, Arístides Chavier Public Housing, and Ponce Public Housing; Rivera and González identified as enforcers and participants.
- Cooperating witness Barreira testified to Rivera’s drug-purchasing and processing roles and to González as an enforcer and distributor; Barreira also described Chito’s drive-by murder in which Rivera participated.
- Trial evidence included Barreira and Rentas corroborating González’s role; Rivera challenged admissibility and variance theories, while González challenged sufficiency of evidence and a §841(b)(1)(A) enhancement.
- Rivera was sentenced to life; González to 240 months plus supervised release; other counts were dismissed; appellate challenges followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Impeachment via extrinsic statements admissibility | Rivera contends Barreira's prior sworn statements should be admitted to impeach credibility. | Rivera asserts denial of extrinsic impeachment evidence violated confrontation rights. | No constitutional error; limits proper; sufficient impeachment opportunity exists. |
| Variance from indictment—single conspiracy | Rivera argues Quebrada del Agua/Peñuelas evidence shows a separate conspiracy. | Rivera asserts variance prevented proving only Martínez-led conspiracy. | No reversible variance; evidence supports a single conspiracy with interdependent activities. |
| Admission of co-conspirator statements under Rule 801(d)(2)(E) | Rivera challenges admission of Chito/Valdo statements about Torres murder as hearsay. | Rivera contends statements were not in furtherance of the conspiracy. | Admissible; four-factor test satisfied; statements in furtherance of conspiracy. |
| Sufficiency of evidence against González | Government evidence insufficient and uncorroborated. | Barreira and Rentas testimony insufficient and unreliable. | Evidence sufficient to prove González as enforcer and distributor within the conspiracy. |
| § 841(b)(1)(A) enhancement finality of prior conviction | Prior Puerto Rico conviction treated as final for enhancement. | Conviction not final at time of arrest/indictment; enhancement improper. | District court proper; prior probationary conviction counted as 'prior conviction' for enhancement under federal law. |
Key Cases Cited
- United States v. Laboy-Delgado, 84 F.3d 22 (1st Cir. 1996) (limits on cross-exam to test witness credibility)
- United States v. Byrne, 435 F.3d 16 (1st Cir. 2006) (limits on cross-examination to avoid confusion)
- United States v. Innamorati, 996 F.2d 456 (1st Cir. 1993) (inconsistencies not admitted as extrinsic impeachment absent true inconsistency)
- United States v. Díaz, 670 F.3d 332 (1st Cir. 2012) (Rule 801(d)(2)(E) co-conspirator statements; four-element test)
- United States v. Vázquez–Botet, 532 F.3d 37 (1st Cir. 2008) (co-conspirator statements admissibility framework)
- United States v. Petrozziello, 548 F.2d 20 (1st Cir. 1977) (extrinsic impeachment evidence considerations)
- United States v. Mena–Robles, 4 F.3d 1026 (1st Cir. 1993) (conspiracy evidence and interdependence considerations)
- United States v. Sepúlveda, 15 F.3d 1161 (1st Cir. 1993) (single conspiracy framework; interdependence)
- United States v. Rivera-Rodríguez, 617 F.3d 581 (1st Cir. 2010) (sufficiency review; tacit agreement proofs)
- United States v. García-Carrasquillo, 483 F.3d 124 (1st Cir. 2007) (cooperator testimony credibility and corroboration considerations)
- Dickerson v. United States, 460 U.S. 103 (U.S. 1983) (probative value of pre-trial statements; finality concerns)
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (confrontation rights; non-testimonial hearsay context)