United States v. Ruben Vargas-Ocampo
711 F.3d 508
5th Cir.2013Background
- Indictment charged Vargas-Ocampo with possession with intent to distribute 100 kg+ marijuana and conspiracy to do so; possession count included aiding-and-abetting under 18 U.S.C. § 2.
- Trial by jury; motions for judgment of acquittal denied; jury convicted on both counts and sentenced to 78 months.
- Trial evidence described discovery of approximately 430 kg marijuana in 84 packages in truck owned by Maria Alvarez.
- HELICOPTER surveillance observed river crossings and suspect activity; ground units pursued Vargas-Ocampo, who fled into a garage.
- Circumstantial evidence linked to conspiracy included timing of rafts, surveillance by “scouts,” large quantities, and devices (phone, push-to-talk radio).
- Court rejects appellate glosses on Jackson v. Virginia standard and sustains sufficiency for conspiracy and upholding aiding-and-abetting instruction on possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy | Vargas-Ocampo argues evidence creates equipoise. | Evidence insufficient under Jackson with equal inferences. | Sufficiency affirmed; circumstantial evidence supports guilt. |
| Aiding-and-abetting instruction on possession | Instruction unsupported by evidence. | District court has latitude in charging; instruction proper. | Conviction affirmed; no abuse of discretion. |
Key Cases Cited
- United States v. Jaramillo, 42 F.3d 920 (5th Cir. 1995) (standard for weighing evidence—equipoise not automatic reversal)
- United States v. Ortega Reyna, 148 F.3d 540 (5th Cir. 1998) (Jackson glosses about equipoise rejected)
- Coleman v. Johnson, _ U.S. _ (2012) (per curiam reversal; test is whether guilt is insupportable as bare rationality)
- Cavazos v. Smith, _ U.S. _ (2012) (per curiam reversal on Jackson standard application)
- McDaniel v. Brown, _ U.S. _ (2010) (review must view evidence in light most favorable to prosecution)
- Reveles, 190 F.3d 678 (5th Cir. 1999) (reversal when circumstantial evidence equally supports guilt and innocence)
- Peñeloza, 473 F.3d 575 (5th Cir. 2006) (circumstantial evidence equally supports theory of innocence)
- Bell, 678 F.2d 547 (5th Cir. 1982) (Jackson controlling for direct vs circumstantial evidence)