Page 124 - 2019 A Police Officers Guide

amounts ranging from six to fifty kilograms. Then, “the same vehicle that [ ] would transport the
drugs” would bring the proceeds back. Garcia’s drivers, namely Contreras and Gaytan, testified
to the same effect. As it did with Uriarte, the Government put on evidence of Pierre’s finances.
The Government showed that Pierre and his wife earned $247,298.00 over three years, but
deposited $785,104.12 into eight bank accounts during the same period.

In light of this small glimpse into the trial testimony of nearly 50 Government witnesses, a
rational finder of fact could have determined that the Government established beyond a
reasonable doubt each element of conspiracy as to each Appellant, namely that they: (1) operated
in a way that demonstrated an agreement to violate the narcotics laws; (2) demonstrated clear
knowledge of that agreement; and (3) voluntarily participated.
…
For the foregoing reasons, we AFFIRM Appellants’ convictions and the district court’s denial of
Pierre’s motion for a new trial. As to challenges to the district court’s sentencing, we AFFIRM
Uriarte’s sentence, but will VACATE and REMAND Kiekow’s sentence to the district court for
resentencing.

th
th
U.S. v. Kiekow, 5 Cir, No. 14-40700, Sept. 18 , 2017.

DRUG CONSPIRACY - ELEMENTS

A jury convicted Paul Suarez for his involvement in a drug trafficking conspiracy and for
firearms offenses. Suarez appeals contending that the convictions were not supported by
sufficient evidence. (ed. note: Suarez also contested the sentencing which is omitted from this
report.) The evidence was sufficient to sustain each of Suarez’s convictions, and they are
affirmed.

After discovering methamphetamine in Timothy Sharp’s truck during the course of a traffic stop,
Cooke County Police obtained a warrant to search the residence of Erica Gutierrez, from whom
Sharp said he purchased the drugs. When police searched Gutierrez’s home, they found her and
Paul Suarez—who, according to Sharp, acted as “consul or overseer” for Gutierrez’s drug
deals—in the master bedroom. Also found in that room were a distributable amount of
methamphetamine, baggies, scales, security cameras, a .380 caliber Davis pistol, shotgun shells,
body armor, and a .20 gauge Winchester sawed-off shotgun that, though disassembled, had
ammunition in its chamber. Police also found a .20 gauge Ithaca sawed-off shotgun underneath a
mattress in a second bedroom. During the search, officers answered a call to Gutierrez’s cell
phone from Travis Puckett, who wanted to buy methamphetamine. Puckett agreed to meet at a
local hotel, and he was arrested when he arrived there to consummate the transaction.
Gutierrez and Puckett were witnesses at Suarez’s trial. Gutierrez testified that Suarez distributed
methamphetamine and split the profits with her, had stayed at the house the previous night, gave
her the pistol, and knew about the Winchester but not the Ithaca. Puckett testified that Suarez
was often present when he bought methamphetamine from Gutierrez and that Suarez made the
sale if Gutierrez was unavailable. Puckett also testified that the Ithaca, which he identified by the
tape on its handle, was “always” in the master bedroom when he made purchases there.

A Peace Officer’s Guide to Texas Law 116 2019 Edition