Professional Documents
Culture Documents
No. 14-4235
No. 14-4243
Appeals from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge.
(3:11-cr-00386-FDW-DSC-1; 3:11-cr-00386FDW-DSC-3)
Submitted:
Decided:
February 3, 2015
Before WYNN and FLOYD, Circuit Judges, and DAVIS, Senior Circuit
Judge.
PER CURIAM:
In
April
2012,
federal
grand
jury
charged
Jose
distribute
five
kilograms
or
more
of
powder
cocaine,
in
Fernando
and
Mashahri
two
other
co-conspirators,
Amber
Griffin
and
testified,
the
five-day
jury
trial
at
deliberated
which
for
nineteen
approximately
witnesses
two
hours
district
court
later
imposed
the
statutory
two
evidentiary
rulings
and
the
willful
blindness
jury
Azua
argues
that
the
prosecutor
violated
due
process
by
refusing
the
district
evaluate
whether
his
distinct
criminal
courts
prior
constitutional
convictions
conduct.
We
find
authority
to
separate
and
contentions
are
involved
these
first
challenges
the
admission
of
testimony
were
portions
recorded,
objection,
that
the
and
Rios
were
in
court
allowed
translated
Spanish.
Rios
Over
to
into
English
defense
offer
Azuas
his
those
counsels
lay
opinion
with
focuses
Griffin
on
Rios
in
testimony
which
they
decoding
discussed
Azuas
whether
appeal,
Jimenez
argues
that
the
district
court
knowledge
Jimenez
but,
rather,
relies
on
this
on
his
courts
post-arrest
decision
in
investigation.
United
States
v.
of
discretion,
which
occurs
when
the
district
courts
(internal
Evidentiary
quotation
marks
omitted).
rulings
are
assurance,
after
pondering
all
that
happened
without
stripping the erroneous action from the whole, that the judgment
was
not
substantially
swayed
by
the
error.
Id.
(internal
the
defendant
witnesss
understanding
of
what
as
the
witnesss
understanding
is
predicated
on
his
United States
v. Hassan, 742 F.3d 104, 136 (4th Cir.), cert. denied, 135 S.
Ct. 157 (2014).
First, the
jury had already heard the gist of this opinion from Griffin
herself.
Id.
Government
substantial
amount
of
was
delivered;
flew
to
Charlotte,
as
planned,
using
was
otherwise
stranger
to
the
Azuas
and
the
others
inmate
who
had
been
incarcerated
with
Azua,
who
testified that Azua told him that the drugs were shipped from
6
Texas to Charlotte in a van, and that the man who arranged for
this
flew
to
Charlotte;
and
(2)
Grahams
testimony
that
he
understood from Azua that the man who was flying in was there
to oversee everything[,] including mak[ing] sure the product
was right.
(J.A. 981-82). 2
referred to cocaine.
(J.A. 982).
motion
to
suppress,
where
Brunelle
testified
at
length
to
the
joint
appendix
suppress
and
admissible
further
pursuant
ruled
to
that
Rule
Brunelles
404(b)
because
testimony
it
was
established
The court
appeal,
Brunelles
testimony
underlying
traffic
Jimenez
should
stop
restates
have
been
violated
his
contention
suppressed
the
because
Fourth
that
the
Amendment.
suppress,
we
review
factual
findings
for
clear
error
and
See
United States v. Blauvelt, 638 F.3d 281, 290-91 (4th Cir. 2011);
United States v. Abu Ali, 528 F.3d 210, 231 (4th Cir. 2008).
Jimenezs
rationale
in
contention
Digiovanni,
that,
Brunelle
pursuant
to
impermissibly
this
courts
extended
the
However, even if
The jury
And viewing
(internal
quotation
marks
omitted)),
it
was
that
any
rational
fact
finder
Because we thus
would
have
found
F.3d
114,
California,
386
11920
U.S.
(4th
18,
Cir.
24
2011)
(1967)),
we
(citing
reject
Chapman
the
v.
second
assignment of error.
III.
In his final appellate contention, Jimenez maintains
that the district court abused its discretion in granting the
Governments request for a willful blindness jury instruction.
According to Jimenez, under Supreme Court and circuit precedent,
such an instruction is only appropriate when evidence exists
9
that
the
defendant
(Appellants
Br.
deliberately
at
42).
avoided
We
review
learning
the
the
facts.
district
courts
v.
Ali,
735
F.3d
176,
187-88
(4th
Cir.
2013),
cert.
willful
blindness
instruction
is
appropriate
ample
warning
instruction.
The
signs
of
justified
the
Id. at 188.
same
result
is
had
here.
Jimenezs
theory
of
of
considerable
the
vans
evidence
illegal
contents.
including,
most
But
notably,
there
was
Jimenezs
the
jury
could
infer
that
intentional or deliberate.
Jimenezs
claimed
ignorance
was
would
have
been
known
to,
and
were
ignored
by,
We disagree.
for
Azuas
guilty
plea,
the
Particularly, in
Government
offered
to
Grahams
testimony
concluded,
Azua
sought
to
The district
on
request
the
to
accept
Supreme
the
Courts
pre-trial
decision
plea
in
offer.
Azua
Bordenkircher
v.
as
the
brief,
constitutional
right
Government
rightly
criminal
defendant
does
to
guilty.
See
plead
authority,
identifies
controlling
or
not
in
its
have
Weatherford
v.
persuasive,
to
support
his
obligation
to
reoffer
an
agreement
that
was
previously
error.
12
V.
Azuas
lacked
the
final
argument
constitutional
is
that
authority
to
the
district
evaluate
court
whether
his
Azua maintains
cannot
accept
this
newly
minted
constitutional
353 F.3d 281, 324 (4th Cir. 2003) (reviewing for plain error a
constitutional claim raised for the first time on appeal).
It
sentence
pursuant
to
21
U.S.C.
841(b)(1)(A),
the
not
separate
convictions
arising
out
of
single
13
transaction.
the
criminal
judgments
from
Azuas
two
prior
Texas
two
separate
occasions,
almost
five
years
apart. 4
The
See United
States
Cir.
v.
McDowell,
745
F.3d
115,
123-24
(4th
2014)
of
the
evidence,
even
if
this
fact
raises
the
noting
denied,
2015
that
this
WL
132957
exception
(U.S.
remains
Jan.
12,
good
2015)
law),
(Nos.
cert.
13-10640,
13A1200); see accord United States v. Blair, 734 F.3d 218, 22627 (3d Cir. 2013) (opining that neither Descamps nor Alleyne 5
restricts the AlmendarezTorres exception, which allows judges
4
14
jury
question),
Accordingly,
Azuas
cert.
denied,
constitutional
135
S.
challenge
Ct.
to
49
the
(2014).
district
the
foregoing
criminal judgments.
facts
and
materials
legal
before
reasons,
we
affirm
Defendants
contentions
are
adequately
this
and
argument
court
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED
15