United States v. Roberto Zamora
2011 U.S. App. LEXIS 21146
| 5th Cir. | 2011Background
- Zamora and Freeman were convicted of conspiracy to possess with intent to distribute cocaine, with Zamora also convicted of possessing a firearm in furtherance of a drug trafficking crime and Freeman of possession with intent to distribute cocaine.
- The Chapa-Duran conspiracy allegedly transported drugs from Mexico to Houston and through Louisiana to Georgia, using modified vehicles and vehicle registrations under non-participants to avoid detection.
- Freeman is depicted as a central Georgia figure who received drugs and money from the conspiracy; multiple witnesses testified to deliveries and payments to Freeman.
- Zamora was arrested in Houston; police observed him at 2118 Fulton Street where a Volkswagen linked to the conspiracy previously stored drugs; cocaine, a drug ledger, and a firearm were recovered after a search.
- Evidence included a drug ledger bearing Zamora’s fingerprints and the Volkswagen’s prior association with the conspiracy; a firearm was located under a bed in Zamora’s residence.
- The district court admitted evidence from the 2118 Fulton Street search (the gun suppression issue had been partially resolved) and denied acquittal motions; Zamora and Freeman were sentenced to substantial terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence from the 2118 Fulton Street search was lawfully obtained. | Zamora | Zamora | Admissible; suppression error not shown to bar the evidence. |
| Whether venue instructions were required for Western District of Louisiana. | Zamora | Zamora | Venue not put in issue; instruction not reversible error. |
| Whether there was sufficient evidence to convict Zamora of conspiracy to possess with intent to distribute cocaine. | Zamora | Zamora | Sufficient evidence; circumstantial evidence supported knowledge and participation. |
| Whether there was sufficient evidence that Zamora possessed a firearm in furtherance of a drug trafficking crime. | Zamora | Zamora | Sufficient evidence; gun location, proximity to drugs, and related trafficking activities supported it. |
| Whether Freeman’s mistrial claim should prevail due to a witness stating he had a criminal history. | Freeman | Freeman | No reversible error; prejudicial impact was limited and curative measures were present. |
Key Cases Cited
- United States v. Pack, 612 F.3d 341 (5th Cir. 2010) (framework for evaluating traffic-stop legality and reasonable suspicion)
- United States v. Jenson, 462 F.3d 399 (5th Cir. 2006) (detention duration must be related to the purpose of the stop)
- United States v. White, 611 F.2d 531 (5th Cir. 1980) (venue instructions when not put in issue)
- United States v. Caldwell, 16 F.3d 623 (5th Cir. 1994) (venue not put in issue; harmless error when adequately proven)
- United States v. Garcia, 319 F.3d 726 (5th Cir. 2003) (drug trafficking nexus to firearm evidence)
- United States v. Rose, 587 F.3d 695 (5th Cir. 2009) (large drug quantities as basis for firearm-for-drug-trafficking offense)
- United States v. Thomas, 627 F.3d 146 (5th Cir. 2010) (jurors may choose among reasonable constructions of the evidence)