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United States v. Alberto Bravo Griselda Blanco Bruno Bravo Francisco A. Armedo-Sarmiento Jose A. Cabrera-Sarmiento Edgar Restrepo-Botero Leon Velez Bernardo Roldan Arturo Gonzalez Jorge Gonzalez Libardo Gill Ruben Dario Roldan Marconi Roldan Carmen Gill Carlos Marin Beatrice Gonzalez Nina Nino Oscar Perez Ernesto Guello Julian Carrion Arco Gilberto Rojas Guillermo Palacios Arturo Zapata James Mario Gaviria Gabriel Correa Alvaro Cabrera-Sarmiento Antonio Romero Elsa Cabrera Cesar J. Riveros-Rincon William Rodriguez-Parra Olegario Montes-Gomez Ramiro San Cocho Humberto Sandoval Alberto Luis Herrara Rhonda Sue Shirah William Andries Luis Estrada, Gaston Robinson

Citations: 10 F.3d 79; 1993 U.S. App. LEXIS 31012Docket: 496

Court: Court of Appeals for the Second Circuit; November 23, 1993; Federal Appellate Court

Narrative Opinion Summary

The case involves the appeal of Gaston Robinson, who was convicted in absentia in 1976 for conspiracy to manufacture, import, possess with intent to distribute, and distribute cocaine and marijuana after becoming a fugitive. Upon his recapture fifteen years later, the district court denied his post-conviction motions, ruling that his prolonged absence constituted a waiver of his rights to seek acquittal, a new trial, or supplementation of the trial record. On appeal, Robinson challenged both the denial of his motions and his sentence, asserting insufficient evidence and improper sentencing procedures. The appellate court upheld the lower court's decisions, referencing the disentitlement doctrine to justify refusing Robinson's motions due to his fugitive status. The court determined that the jury had enough evidence to conclude Robinson's knowledge of the cocaine conspiracy, affirming his conviction under the appropriate statutory framework for cocaine rather than marijuana. Additionally, the court confirmed adherence to procedural requirements regarding factual disputes in the presentence report, finding no grounds to alter the sentence. The ruling underscores the legal consequences of fugitive status and affirms the conviction and sentence under existing narcotics laws.

Legal Issues Addressed

Disentitlement Doctrine in Post-Conviction Motions

Application: The court applied the disentitlement doctrine to deny Robinson's post-conviction motions, citing his fifteen-year fugitive status as a waiver of his rights to seek acquittal, a new trial, or supplementation of the trial record.

Reasoning: Judge Cannella, invoking the 'disentitlement doctrine,' declined to consider Robinson's motions, citing the need to deter fugitives and the potential prejudice to the prosecution due to lost evidence and diminished witness memories over Robinson's fifteen-year absence.

Federal Rule of Criminal Procedure 32(c)(3)(D) Compliance

Application: The sentencing court's acceptance of Robinson's interpretation regarding his awareness of cocaine satisfied Rule 32(c)(3)(D), addressing factual inaccuracies in the presentence report.

Reasoning: According to Federal Rule of Criminal Procedure 32(c)(3)(D), the court is required to address any factual inaccuracies raised by the defendant in the presentence report.

Sentencing Under Distinct Narcotics Statutes

Application: The court affirmed that Robinson's sentencing under the cocaine conspiracy statute was proper, as the marijuana conspiracy charge had been dismissed and not presented to the jury.

Reasoning: In contrast, Robinson's case involved a direct charge of cocaine conspiracy under 21 U.S.C. Sec. 841(b)(1)(A), while the marijuana conspiracy charge was dismissed and not presented to the jury.

Sufficiency of Evidence for Conviction

Application: Robinson's claim of insufficient evidence was reviewed by the appellate court, which upheld the conviction by finding the jury could reasonably conclude his knowledge of cocaine involvement based on testimony.

Reasoning: The jury could reasonably conclude that Robinson had knowledge of the cocaine involvement, especially since he actively transported the cocaine ashore and accepted payment.