United States v. Sanchez-Romero , 89 F. App'x 894 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 27, 2004
Charles R. Fulbruge III
Clerk
No. 03-40120
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICARDO SANCHEZ-ROMERO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
(L-02-CR-484-ALL)
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Before JOLLY, WIENER, and PICKERING, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Ricardo Sanchez-Romero appeals his
conviction on a charge of possession with intent to distribute in
excess of 1000 kilograms of marijuana. He argues that, because the
marijuana was well hidden in the trailer that his vehicle was
pulling, the government failed to show more than mere control of
the vehicle, which it was required to do under the circumstances.
As the marijuana was in boxes that were located in the middle
of the vehicle’s legitimate load, we deem the marijuana to have
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
been hidden. As such, knowledge of its presence can be inferred
from the driver’s exercise of control over the vehicle in which the
drugs are hidden only if, in addition to presence of the
contraband, there is additional circumstantial evidence that is
either suspicious in nature or demonstrates guilty knowledge. See
United States v. Garza, 990 F.2d 171, 174 (5th Cir. 1993). Here,
the record evidence demonstrates that Sanchez-Romero engaged in
several types of behavior that in the past we have relied on as
evidence of guilty knowledge. See United States v. Moreno, 185
F.3d 465, 472 n.3 (5th Cir. 1999).
First, Sanchez-Romero made implausible statements. See United
States v. Cano-Guel, 167 F.3d 900, 905 (5th Cir. 1999). Although
he conceded that, even considering the time consumed during his
stop for breakfast, he should have reached the Mexican border
between 8:40 and 8:50 a.m., he failed to offer any explanation for
his not having done so until 9:45 a.m. This unexplained lapse of
time is particularly significant in light of testimony that loading
the six boxes of marijuana into the trailer would only have taken
between 15 to 30 minutes.
Second, the marijuana in Sanchez-Romero’s trailer weighed more
than 6,000 pounds. It is unlikely that a drug trafficker would
have entrusted such a large quantity of drugs to an unknowledgeable
and unsuspecting truck driver. See United States v. Garcia-Flores,
246 F.3d 451, 455 (5th Cir. 2001).
2
Sanchez-Romero also possessed a large amount of cash. See
United States v. Ortega Reyna, 148 F.3d 540, 547 (5th Cir. 1998).
Although he and his wife proffered a plausible explanation for his
carrying such a large amount of cash, i.e., that he had cashed
several checks to buy spare parts, Sanchez-Romero did not offer any
documentary support for his explanation of the source of the money.
Additionally, there were obvious or remarkable alterations to
the trailer. At the border crossing, the trailer was not sealed,
as it had been, and the marijuana was in cardboard boxes that bore
no labels identifying the manufacturer or the owner.
When viewed in the light most favorable to the verdict, the
combination of the presence of the marijuana in the trailer and
this additional circumstantial evidence is sufficient for a jury
reasonably to infer that Sanchez-Romero had the requisite guilty
knowledge to support the verdict. Sanchez-Romero’s conviction is
AFFIRMED.
3