Page 34 - TPA Journal May June 2021

stay at the Byway Drive house and store some they were in regard to some broken windows in
personal effects in the attic because he was her house. When the calls continued, Dominguez
having a fight with Dominguez. After receiving stated, she began to suspect that the packages
consent from the residents of the Byway Drive contained drugs or other contraband and that her
house to search the attic, law enforcement and her family’s lives were in danger, so she went
recovered three roller suitcases filled with 1.65 along with meeting the individuals who
kilograms ofmethamphetamine and 47 kilograms contacted her in order to get rid of the packages.
of marijuana. Dominguez stated that when she told Crittenden
about what was occurring, Crittenden said that he
Dominguez and Crittenden were charged in the did not want to have anything to do with the
Western District of Texas with (1) conspiracy to matter and that he did not want the packages to
possess with intent to distribute 500 grams or be in the house with their children. According to
more of methamphetamine in violation of 21 Dominguez, Crittenden then moved the packages
U.S.C. § 841(a)(1), (b)(1)(A)(viii); (2) to the Byway Drive residence to get them out of
possession with intent to distribute 500 grams or the house.
more of methamphetamine in violation of 21
U.S.C. § 841(a)(1), (b)(1)(A)(viii); and (3) Dominguez testified that she just instructed
conspiracy to possess with intent to distribute Crittenden to “grab a bag” from the Byway Drive
marijuana in violation of 21 U.S.C. §§ 841(a)(1), house on the day she met with the informant
(b)(1)(D), and 846. At trial, Dominguez took the without specifying the contents of the bag. She
stand as the sole witness for the defense. She stated that Crittenden was not involved in any of
testified that she used to buy marijuana for her the transactions and did not know Diaz.
and her friends’ personal use from an individual Following the close of evidence, the jury
named Juan Diaz. Dominguez stated that this convicted both defendants on all counts.
relationship ended when, in 2015, she and
Crittenden decided to have a fifth child together Crittenden then renewed a properly preserved
and resolved “to get closer to God and to take motion for judgment of acquittal, or, in the
care of [their] family together without having any alternative, for a new trial. The district court
kind of partying or drug use.” She said that she granted the motion for a new trial. In its
did not hear from Diaz again until he called her memorandum opinion, the district court
in January of 2017 and asked her if she could concluded that the Government failed to prove
retrieve his car, which he said had been left on the that Crittenden participated in a conspiracy or
U.S. side of the border as a result of a fight he had that he had the knowledge of the nature of the
with his girlfriend, and hold it at her house until controlled substance he possessed that was
his sister could pick it up the following day. required to convict him of possessing
Dominguez testified that she agreed and retrieved methamphetamine with the intent to distribute.
the car, but when Juan’s sister arrived, she took As to the possession count, the court stated,
several bags and a large plastic container out of
the trunk, gave them to Dominguez, and quickly [N]o direct or circumstantial
left before Dominguez could object. evidence was presented during the
first trial to show beyond a
With regard to the series of phone calls, reasonable doubt that Mr.
Dominguez testified that she first did not Crittenden knew the contraband
understand what the calls concerned and assumed was comprised of any controlled

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