DocketNumber: 09-14848
Citation Numbers: 371 F. App'x 18
Filed Date: 3/26/2010
Status: Non-Precedential
Modified Date: 1/12/2023
[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUITU.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT MAR 26, 2010 No. 09-14848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). 2 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 3 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 4 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. 5