United States v. Villasenor
664 F.3d 673
| 7th Cir. | 2011Background
- Villasenor and sixteen co-defendants were charged with a conspiracy to distribute cocaine and marijuana across multiple states.
- Jury convicted Villasenor on sixteen counts; three counts related to January 24, 2003 and March 21, 2003 were acquitted.
- Evidence included wiretaps, surveillance, cooperating witnesses, and physical items from a co-defendant's apartment.
- Carlos Villasenor, Magin's brother, testified through co-conspirator statements admitted at trial; Carlos had previously assisted the DEA as an informant.
- In 2007–2008 the government disclosed that DEA chemist Harris had performance issues; Magin filed a motion for a new trial based on suppression of favorable evidence.
- The district court found suppression occurred but that the remaining overwhelming evidence supported the verdict; motion for new trial denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of conspiracy evidence | Villasenor argues no distinct conspiracy existed. | Villasenor contends buyer-seller ties cannot prove conspiracy. | Sufficient evidence supported conspiracy. |
| Sufficiency of gun possession | Gun was in residence; evidence linked to Villasenor. | Constructive possession questionable due to Texas absence. | Sufficient nexus established; constructive possession proven. |
| Admissibility of co-conspirator statements | Carlos's statements were admissible as co-conspirator admissions. | As a government informant, Carlos could not be a conspirator. | Statements properly admitted; Carlos acted as conspirator outside DEA cooperation. |
| Brady suppression of impeachment evidence | Suppressed impeachment material could have altered verdict. | Impeachment material would undermine strength of case; not material. | No reasonable probability of different verdict; denial affirmed. |
Key Cases Cited
- United States v. Johnson, 592 F.3d 749 (7th Cir.2010) (distinguish conspiracy from inherent buyer-seller relations; need distinct agreement)
- United States v. Vallar, 635 F.3d 271 (7th Cir.2011) (credit sales with other wholesale indicators can show conspiracy)
- United States v. Morris, 576 F.3d 661 (7th Cir.2009) (constructive possession requires nexus to object)
- United States v. Caldwell, 423 F.3d 754 (7th Cir.2005) (ownership/control over contraband can establish possession)
- United States v. Kitchen, 57 F.3d 516 (7th Cir.1995) (residence-based constructive possession even when absent during search)
- United States v. Cruz-Rea, 626 F.3d 929 (7th Cir.2010) (abuse of discretion review for co-conspirator statement admission)
- United States v. Schalk, 515 F.3d 768 (7th Cir.2008) (informant status precludes admissibility when appropriate)