United States v. Manuel Magana-Sagrero , 371 F. App'x 18 ( 2010 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUITU.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
MAR 26, 2010
No. 09-14848 JOHN LEY
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 07-00279-CR-CAP-38-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MANUEL MAGANA-SAGRERO,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(March 26, 2010)
Before TJOFLAT, WILSON and PRYOR, Circuit Judges.
PER CURIAM:
Manuel Magana-Sagrero appeals his conviction for conspiracy to possess
with intent to distribute at least 5 kilograms of cocaine. 21 U.S.C. §§
841(b)(1)(A)(ii), 846. Magana-Sagrero also was convicted of possession of a
firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c)(1)(A), being
an alien in unlawful possession of a firearm, id. §§ 922(g)(5), 924(a)(2), and
conspiracy to launder money, id. § 1956, but he does not challenge these
convictions. Magana-Sagrero argues for the first time on appeal that the evidence
is insufficient to support his conviction for conspiracy. We affirm.
When a defendant fails to move for a judgment of acquittal, “‘we may
reverse the conviction only to prevent a manifest miscarriage of justice.’” United
States v. Tagg, 572 F.3d 1320, 1323 (11th Cir. 2009) (quoting United States v.
Bender, 290 F.3d 1279, 1284 (11th Cir. 2002)). To satisfy this standard, we must
“find that the evidence on a key element of the offense is so tenuous that a
conviction would be shocking.” Id. (quoting Bender). Magana-Sagrero cannot
satisfy this standard.
To establish that Magana-Sagrero was guilty, the government was required
to “prove beyond a reasonable doubt that: 1) an illegal agreement existed to
possess with the intent to distribute cocaine; 2) [Magana-Sagrero] knew of this
agreement; and 3) [Magana-Sagrero] knowingly and voluntarily joined the
agreement.” United States v. Charles, 313 F.3d 1278, 1284 (11th Cir. 2002).
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Magana-Sagrero argues that the government proved he was “involved with the
[drug] proceeds” but failed to establish that he possessed cocaine with intent to
distribute. We disagree.
The government introduced ample evidence from which a jury could have
found that Magana-Sagrero conspired to possess with intent to distribute cocaine.
The evidence established that Magana-Sagrero knew of the conspiracy and made
deliveries of cash and drugs on behalf of the drug organization. In 1991 and 1997,
Magana-Sagrero was convicted of the “possession or purchase for sale of
narcotics.” Later, agents of the Drug Enforcement Agency discovered that
Magana-Sagrero worked for Jose Tapia-Corneso, also known as “Tigre,” who was
a mid-level distributor in a large-scale drug organization. On at least five
occasions, Magana-Sagrero delivered for Tigre suitcases that contained between
$150,000 and $500,000. In October 2007, an agent observed an unidentified
Hispanic man, who was driving a gold Nissan Sentra, arrive at a residence in
Fairburn, Georgia, ostensibly to deliver cocaine to a confidential informant. The
Hispanic man walked into and left the residence in a manner that suggested he was
carrying a package. On November 20, 2007, another agent observed the same gold
Nissan Sentra arrive at a residence on Harbin’s Ridge Way in Lawrenceville,
Georgia, ostensibly to collect 20 kilograms of cocaine from another member of the
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conspiracy who drove a red Ford Sport Truck. After the truck left the residence,
agents followed the Nissan Sentra to a car wash, where an agent was able to
identify the driver as Magana-Sagrero. Agents recorded telephone conversations
between Angel Haro Perez, a leader of the drug conspiracy, and Tigre about the
timing of the delivery and receipt of cocaine at the Harbin’s Ridge residence, and
agents later seized a ledger stating that Tigre received 20 kilograms of cocaine on
November 20, 2007.
Physical evidence also tied Magana-Sagrero to the conspiracy. In December
2007, agents searched the Harbin’s Ridge residence and discovered a table and
knife with white residue and drug-processing equipment, including devices used to
press and package cocaine. Agents installed a global positioning device on the
gold Nissan Sentra and tracked the vehicle to a home on Luther Way in
Lawrenceville, Georgia, where Magana-Sagrero answered the door and consented
to a search of the residence. Agents discovered on the property two firearms, two
ledgers, a lease in Magana-Sagrero’s name for a residence on Clinton Place in
Lawrenceville, two receipts for rent for the residence on Clinton Place, a garage
door opener for that residence, and four cellular telephones. One of the cellular
telephones listed the name “Tigre” in its contacts list and ascribed to that name a
number that Tigre had used in his conversations with Perez. Agents later obtained
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a warrant to search the residence on Clinton Place and discovered devices used to
package cocaine, cellophane wrap, a digital scale, latex gloves, and colored
sheathes to affix to keys to identify locations by color instead of by address.
Magana-Sagrero has not established that upholding his conviction would
result in a miscarriage of justice. Reasonable jurors have found that Magana-
Sagrero joined the conspiracy. We affirm Magana-Sagrero’s conviction for
conspiracy to possess with intent to distribute at least 5 kilograms of cocaine.
Magana-Sagrero’s conviction is AFFIRMED.
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