Criminal Law

In prosecution on drug conspiracy charges, Dist. Ct. did not err in denying defendant’s motion to suppress drugs and cash seized from van driven by defendant after defendant was stopped for speeding violation, even though defendant argued that he was detained beyond time reasonably required to conduct traffic stop after he had received warning ticket. Record showed that officer gave defendant warning ticket approximately 11 minutes into stop and detained defendant for another 28 minutes while officer questioned passenger in defendant’s van about contents of boxes in van and then searched van after police dog alerted officer to presence of drugs. As such, additional delay for further investigation was reasonable where: (1) van was loaded down with boxes; (2) neither defendant nor passenger could provide specifics as to contents of boxes; and (3) officer learned from passenger that boxes were bound for Mexico and that, although defendant and passenger were transporting boxes on behalf of company, neither individual had motor carrier authority to operate interstate transportation business.

In prosecution on wire and mail fraud charges arising out of defendant’s scheme to sell stolen merchandise provided to him by group of individuals described as “gypsies,” Dist. Ct. did not commit plain error in admitting testimony from govt. witnesses that described said “gypsies” as inveterate thieves. While defendant argues that said testimony violated Rules 401 and 403, record showed that defendant also used “gypsy” term in recorded statement when describing individuals with whom he had done business, and govt. witnesses gave specific reasons (including fact that merchandise provided by said individuals often contained store and security tags) why they believed that defendant knew that said individuals provided him with stolen merchandise. Ct. also found that prosecutor’s single reference in opening argument to fact that FBI agents had obtained warrant prior to conducting search of defendant’s warehouse did not deprive defendant of fair trial.

Dist. Ct. did not err in sentencing defendant to 166-month term of incarceration on drug charges after finding that defendant was eligible for obstruction of justice enhancement arising out of his flight from country in effort to evade his impending arrest on said charges. While defendant argued that his conduct in evading arrest did not qualify as obstruction of justice, Ct. found that defendant’s flight over five-year period of time, during which defendant traveled to two different countries and used alias, qualified as obstruction of justice since defendant’s conduct significantly burdened police investigation and prosecution of instant drug charges. Moreover, defendant’s warning to co-conspirator that police were about to effectuate arrest also qualified as independent basis for obstruction of justice enhancement.

In prosecution on drug distribution and related firearms charges, Dist. Ct. did not err in admitting evidence from police officer who indicated that acts of violence were typically linked to drug deals, even though defendant argued that said evidence was irrelevant to charged offenses. Said testimony was relevant to instant charge of possession of firearm in furtherance of drug trafficking crime because it allowed jury to properly infer that firearms were being used in instant case to protect drugs from potential theft. Dist. Ct. erred, though, in permitting officer to make references to “Mexican methamphetamine” being produced by “Mexican nationals” since said references to defendant’s nationality posed risk that racial bias might play role in jury’s verdict. However, error was harmless where defendant gave statement admitting to possession of both methamphetamine and firearms.