In U.S. v. Garcia, No. 03-10350 (March 22, 2005), the Court (Edmondson, Wilson, Restani b.d.) affirmed convictions for conspiracy to manufacture marijuana plants, and for maintaining a place for the purpose of manufacturing marijuana, in violation of 21 U.S.C. §§ 846 & 856(a)(1).
The Court rejected sufficiency of the evidence challenges. The Court noted that credibility determinations regarding the testifying co-conspirators were the exclusive province of the jury. The Court further found other evidence sufficient evidence.
The Court also rejected one defendant’s argument that evidence should not have been admitted because it pertained to the other defendants, not to him. The Court noted that the evidence was clearly relevant to the co-defendants, that the jury was instructed to consider each charge separately, and that the jury was able to do so because it acquitted on some counts.
The Court further rejected the argument that prejudicial argument of co-counsel during closing should have been the basis for a mistrial. The Court noted that the jury was instructed that the arguments of counsel were not evidence. Further, considering all the evidence, the comments did not prevent the jury from making a reliable judgment.
The Court also rejected the argument that an "accessory after the fact" jury instruction should have been given, because one defendant’s conduct consisted only in dismantling a grow house. The Court noted this did not prejudice the defense, which was free to argue, and did argue, that dismantling a grow house does not prove manufacture of marijuana or maintenance of a grow house.
The Court noted the district court refused to consider granting a defendant a "safety-valve’ sentence reduction below the mandatory minimum solely because the defendant had not been completely debriefed prior to sentencing, and even though the defendant asked for a continuance of the sentencing in order to be able to be debriefed and qualify for safety valve. The Court rejected the government’s argument that U.S. v. Brownlee, 204 F.3d 1302 (11th Cir. 2000) established a jurisdictional rule that precludes consideration of safety-valve if the proffer is presented after the commencement of the sentencing hearing. The Court found the language in Brownlee to be dicta. Further, the defendant’s failure to be fully debriefed "was due to a misunderstanding." In these circumstances, the district court had discretion to continue the sentencing to allow a debriefing, and the case was remanded for the district court to consider the safety valve request.
Finally, the Court recognized that the sentencing enhancement based on the number of marijuana plants violated Booker, because the jury specifically found in a special interrogatory verdict that a defendant was not responsible for more than 100 plants, but the judge at sentencing nonetheless fond this number by a preponderance of the evidence. This sentence was therefore vacated and remanded for resentencing.
