Page 37 - TPA Journal July August 2017
P. 37
Kimp v. State, No. PD-0699-16, Texas Court of ered in the Freightliner’s passenger-side fuel
Criminal Appeals, Feb. 15, 2017. tank. Buentello-Garcia was arrested, and in his
interview he asserted that he was unaware that
HHHHHHHHHHHH the fuel tank contained methamphetamine. A
specialist later calculated that a total of 200.3
DRUG POSSESSION – ELEMENTS kilograms of methamphetamine hydrochloride
had been dissolved in the 100-gallon fuel
Hector Feliciano Lopez-Monzon appeals from tank, resulting in 411.4 kilograms of a sub-
his convictions for possessing with intent to stance containing methamphetamine. That
distribute 500 grams or more of methampheta- amount of methamphetamine was worth up to
mine and importing 500 grams or more of $3 million in Houston, Texas. When Guadiana
methamphetamine. He challenges the suffi- learned of Buentello-Garcia’s arrest, he
ciency of the evidence only as to the knowl- refused to drive the second tractor-trailer into
edge element of his convictions. For the rea- the United States.
sons set forth below, we AFFIRM the judgment
of the district court. The next day, Lopez-Monzon and De Leon
entered Texas on foot at the Los Indios Bridge
Lopez-Monzon, accompanied by Luis port of entry. Later that day, at a gas station
Fernando Rivera-De Leon, brought two tractor- near the port of entry, Lopez-Monzon
trailers to Hotel Pena in Mexico, located near approached CBP Agent Jaime Vidal about the
the United States border. Lopez-Monzon hired Freightliner. Lopez-Monzon identified himself
Juan Buentello-Garcia and Santiago Guadiana, as the owner of the Freightliner. Agent Vidal
freelance truck drivers, to drive the tractor-trail- called for backup and escorted Lopez-Monzon
ers into the United States. On December 26, and De Leon to the customs area.
2014, Buentello-Garcia drove the first tractor-
trailer—a white Freightliner with a car hauler Homeland Security Investigations Agent
(“Freightliner”)—with instructions to leave it at Angelico Santiago interviewed Lopez-Monzon
Transmigrante Mireya, a business located just and De Leon. Lopez-Monzon was nervous and
inside the United States border. Guadiana did anxious during the interview. Lopez-Monzon
not drive the second tractor-trailer into the told Agent Santiago that he owned the
United States because it had a mechanical Freightliner, and that he had bought the
problem. Freightliner with a man named Ruben “four to
five months” earlier. He asserted that he did
Buentello-Garcia entered the United States at not know about the methamphetamine in the
the Los Indios, Texas port of entry. During an fuel tank, and that “if someone had put some-
inspection by U.S. Customs and Border Patrol thing in the gas tank, it would have been
(“CBP”), liquid methamphetamine was discov- Ruben.”
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