United States v. Serrato
742 F.3d 461
| 10th Cir. | 2014Background
- Serrato and Negrete, drug dealers, were convicted in Casper, Wyoming for meth trafficking conspiracy; Negrete linked to larger Utah–Washington network with Serrato supplying methamphetamine.
- Investigation began in 2009 with surveillance, wiretaps, undercoverwork, and controlled buys showing Negrete redistributing meth from Serrato in Utah and Cervantes in Washington.
- July 22, 2011, an multi-count indictment charged both defendants; Serrato moved to suppress an April 6, 2011 traffic stop, which district court denied.
- Trial occurred March 7–15, 2012: Serrato convicted on two counts; Negrete convicted on the same two counts plus nine others, including firearms counts; Negrete acquitted on one firearm count.
- May 24, 2012, sentencing: Negrete sentenced to 360 months and Serrato to 300 months, each with 10 years of supervised release; guidelines enhancements and role adjustments were at issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct claims | Serrato and Negrete assert improper comments violated Fifth/Sixth Amendments | Serrato/Negrete contend remarks improperly shifted burden and tainted trial | Misconduct occurred but harmless error; no reversal |
| Variance between charged conspiracy and evidence | Government showed single conspiracy; overlap between Utah/Washington rings | Evidence supported multiple conspiracies; variance prejudicial | Evidence supported single conspiracy; no reversible variance |
| Guidelines calculation—importation enhancement | Two-level importation increase wrongly applied | If error, harmless and would not change range | Harmless error; range unchanged; judgment affirmed |
| Denial of motion to suppress traffic-stop evidence | Stop justified by reasonable suspicion | Stop violated Fourth Amendment | Reasonable suspicion supported stop; denial affirmed |
| Sufficiency of evidence on firearm count (Negrete) | Evidence insufficient to prove firearm as defined | Evidence showed firearm possession; corroborated by witnesses | Substantial evidence supported conviction; juror could find firearm predicate |
Key Cases Cited
- United States v. Windrix, 405 F.3d 1146 (10th Cir. 2005) (variance standard and deference to jury's determination)
- United States v. Carnagie, 533 F.3d 1231 (10th Cir. 2008) (test for single conspiracy and interdependence)
- United States v. Hamilton, 587 F.3d 1199 (10th Cir. 2009) (one-time acts can establish interdependence)
- United States v. Heckard, 238 F.3d 1222 (10th Cir. 2001) (interdependence and shared objectives in conspiracy)
- United States v. Sells, 477 F.3d 1226 (10th Cir. 2007) (standard for conspiratorial interdependence)
- Gall v. United States, 552 U.S. 38 (U.S. 2007) (principles for distinguishing guideline range from resulting sentence)
- Ch Chavez v. United States, 534 F.3d 1338 (10th Cir. 2008) (reasonable suspicion and Terry framework)
- United States v. McHugh, 639 F.3d 1250 (10th Cir. 2011) (standard of review for suppression findings)
- United States v. Carter, 973 F.2d 1509 (10th Cir. 1992) (jury follow trial court’s instructions on burdens)
- United States v. Begay, No. 12-2202 (2013) (harmless-error review when mistrial not granted)