Page 24 - TPA Journal March - April 2018
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into the United States. ed $785,104.12 into eight bank accounts during
the same period.
Appellants were involved at varying levels of the
drug trafficking conspiracy. In light of this small glimpse into the trial testi-
mony of nearly 50 Government witnesses, a ratio-
Appellants next challenge the sufficiency of the nal finder of fact could have determined that the
Governments evidence to support the jurys ver- Government established beyond a reasonable
dict that they entered into a conspiracy to distrib- doubt each element of conspiracy as to each
ute or possess with intent to distribute cocaine. Appellant, namely that they: (1) operated in a way
To establish a conspiracy to distribute a con- that demonstrated an agreement to violate the nar-
trolled substance, the Government must prove the cotics laws; (2) demonstrated clear knowledge of
following beyond a reasonable doubt: (1) the exis- that agreement; and (3) voluntarily participated.
tence of an agreement between two or more indi-
viduals to distribute cocaine; (2) the defendants For the foregoing reasons, we AFFIRM
knowledge of the agreement; and (3) their volun- Appellants convictions and the district courts
tary participation in the conspiracy. The jury denial of Pierres motion for a new trial. As to
can infer a conspiracy from circumstantial evi- challenges to the district courts sentencing, we
dence, and, although a defendants presence AFFIRM Uriartes sentence, but will VACATE
alone is insufficient to establish a conspiracy, the and REMAND Kiekows sentence to the district
jury may rely on the defendants presence and court for resentencing.
association as factors in finding that a conspiracy
existed. U.S. v. Kiekow, 5th Cir., No. 14-40700, Sept.
18th, 2017.
No fewer than five Government witnesses tied
Uriarte to each aspect of the alleged drug opera-
tion. The Government also put on evidence SEARCH WARRANTS – ADEQUACY
demonstrating that Uriartes tire shop customers
paid him $151,307.61 in cash over three years, but The reason Willie Sutton once gave for robbing
Uriarte deposited $1,107,475.00 into his bank banks is true of Medicare today: thats where the
account during the same periodleaving money is. So it is not surprising that we consider
$956,167.39 in unexplained cash. another case alleging a scheme to defraud the
multibillion dollar government program. A jury
The testimony against Pierre was similarly strong. convicted the six defendants of that fraud as well
In all, Garcia testified that he and his trucking as paying and receiving kickbacks for referrals.
company delivered cocaine to Pierre once or twice Their appeal alleges defects throughout the inves-
a month from 2003 to 2008, delivering amounts tigation and prosecution of the case, beginning
ranging from six to fifty kilograms. Then, the with the search of the medical office, running
same vehicle that [ ] would transport the drugs through the trial, and ending with the financial
would bring the proceeds back. Garcias drivers, obligations imposed as part of their sentence.
namely Contreras and Gaytan, testified to the
same effect. As it did with Uriarte, the (Details of the Medicare fraud scheme omitted by
Government put on evidence of Pierres finances. editor.)
The Government showed that Pierre and his wife
earned $247,298.00 over three years, but deposit- Sanjar alleges error in the way the government
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