United States v. Rodríguez-Martinez
778 F.3d 367
| 1st Cir. | 2015Background
- Rodríguez and Santini were convicted after a bench and jury trial of aiding and abetting attempted possession of narcotics with intent to distribute and aiding and abetting possession of a firearm in furtherance of a drug-trafficking crime; Rodríguez also pled guilty to felon in possession of a firearm.
- They were stopped by Puerto Rico police on Aug 10, 2012; Santini drove, Rodríguez sat in the passenger seat; a Glock pistol and cash were found in Rodríguez’s vicinity.
- Santini produced drugs, marijuana, bags, and cash from his pockets; Rodríguez was found with a loaded Glock after officers lifted his shirt during the stop.
- The government tied the arrests to conspiracy-like circumstances (brother-in-law relationship, travel together) and Rodríguez’s nervous conduct as evidence of knowledge of Santini’s drug activity.
- Trial proceeded on two counts for each defendant; Rodríguez was sentenced to 16 months on one count and 72 months on the firearm count; Santini received 10 months on narcotics and 60 months on the firearm count, to be served consecutively.
- On appeal, both challenge the sufficiency of the evidence to support their § 841 and § 924(c) convictions; the court vacates those convictions and remands for re-sentencing on other charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Rodríguez’s aiding and abetting liability | Rodríguez had advance knowledge of Santini's drug possession. | Presence and relationship alone do not prove knowledge of drugs. | Insufficient evidence; reverse Rodríguez’s aiding-and-abetting conviction |
| Sufficiency of Santini’s aiding and abetting firearm possession | Santini knew Rodríguez had the firearm and aided the crime. | Mere presence cannot establish knowledge or aid; no foreknowledge shown. | Insufficient evidence; vacate Santini’s § 924(c) conviction |
Key Cases Cited
- United States v. Beltran, 503 F.3d 1 (1st Cir. 2007) (standard for reviewing sufficiency on appeal)
- United States v. García-Carrasquillo, 483 F.3d 124 (1st Cir. 2007) (circumstantial evidence must support knowledge)
- United States v. Pagán-Ferrer, 736 F.3d 573 (1st Cir. 2013) (uphill battle on insufficiency challenges)
- United States v. Woodward, 149 F.3d 46 (1st Cir. 1998) (mere presence insufficient to prove possession)
- Rosemond v. United States, 134 S. Ct. 1240 (Supreme Court 2014) (advance knowledge required for aiding and abetting firearm offenses)