Page 41 - TPA Journal July August 2017
P. 41
“[T]he value of the drug being transported” is Lopez-Monzon had the requisite knowledge to
“[o]ne example of circumstantial evidence support his convictions for possessing metham-
which may be probative of knowledge.” A par- phetamine with the intent to distribute and
ticularly high value of drugs provides circum- importing methamphetamine. The jury’s ver-
stantial evidence of knowledge. dict is supported by evidence that Lopez-
The government presented evidence that the Monzon: owned and controlled the tractor-
fuel tank of the Freightliner contained approxi- trailer in which the methamphetamine was
mately 100 gallons of liquid methampheta- found; gave statements to Agent Santiago
mine, that the liquid contained 200.3 kilo- inconsistent with the evidence; gave implausi-
grams of actual methamphetamine, and that ble explanations regarding the fuel tank and
this amount of methamphetamine would be the source of the methamphetamine; and was
worth up to $3 million in the United States. The nervous during his interview. Given this evi-
high volume and value of the drugs are not dis- dence, as well as the high amount and value of
positive, but it does present circumstantial evi- the methamphetamine hidden in Lopez-
dence that Lopez-Monzon knew about the Monzon’s tractor-trailer, a rational jury could
methamphetamine. A rational jury could infer find beyond reasonable doubt that Lopez-
that whoever put the drug in the fuel tank Monzon knew about the methamphetamine.
would not have done so without Lopez- Considering the totality of the circumstances,
Monzon’s knowledge, given his ownership and we AFFIRM the judgment of the district court.
control of the Freightliner throughout the trip.
U.S. v. Lopez-Monzon, No. 15-41547, 5th
Agent Santiago testified at trial that Lopez- Circuit Court of Appeals, Mar. 01, 2017.
Monzon was “[v]ery nervous [and] anxious”
during the interview. “Nervous behavior . . . HHHHHHHHHHHH
frequently constitutes persuasive evidence of
guilty knowledge.” Diaz-Carreon, 915 F.2d at EVIDENCE TAMPERING – ELEMENT – MUST
954. Lopez-Monzon argues, and the govern- EVIDENCE BY IDENTIFIED?
ment concedes, that nervousness alone is insuf-
ficient to support a finding of the requisite When the State charges someone with tamper-
knowledge. But given the totality of the cir- ing with physical evidence, is the specific iden-
cumstances, a rational jury could infer that tity of the tampered-with evidence an essential
Lopez-Monzon’s nervousness was additional element of the offense? We agree with the State
circumstantial evidence of his consciousness of and the court of appeals that it is not.
guilt.
However, the court of appeals does not appear
When the jury rendered its verdict of guilty, it to have addressed whether the language in the
determined beyond reasonable doubt that indictment provided adequate notice of the
July - August 2017 www.texaspoliceassociation.com • 866-997-8282 37
