Free Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
UNITED STATES OF AMERICA, ) CR 03—275—PHX~DWM
Plaintiff, l
vs. l ORDER
MICHAEL HERNANDEZ, et al., l
Defendants. l
____________i_ _m______ __ m____ w_>
On August 1, 2005, this Court held a hearing to consider the
merits of Defendant Michael Hernandez’s Fed. R. Crim. P. 29
Motion for a Judgment of Acquittal. The Court denied the motion
at the end of the hearing for the reasons stated on the record.
This order reiterates those reasons.
Under Jackson v. Virginia, evidence is sufficient to support
a conviction when, viewed in the light most favorable to the
Government, “any rational trier of fact could have found the
essential elements of the crime beyond a reasonable doubt." 443
U.S. 307, 3l9 (I979). Defendant’s written motion argued that
there was no conspiracy between Michael Hockerman or JJ Vega and
that there was no evidence that he conspired to possess more than
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50 kilograms of marijuana. At argument, counsel for Defendant
emphasized the lack of evidence that Hernandez was “Queson" and
claimed that the jury did not believe Hernandez was Queson, and
that somehow that undermined any conclusion that Hernandez was
involved in a marijuana conspiracy.
Defendant’s counsel makes the question more complicated than
it is. Hernandez was convicted of Conspiracy to Possess with
Intent to Distribute in Excess of l00 Kilograms of Marijuana. 2l
U.S.C. § 84l(a)(l) & (b)(l)(B). The jury specifically determined
the drug amount for which Hernandez was responsible as in excess
of l00 kg. (The verdict form gave jurors the choice of in excess
of 1000 kg, in excess of 100 kg, or a blank labeled “other
amount.") Hernandez admitted to the deal with Michael Hockerman
that involved l29 pounds of marijuana. He also admitted his
voice was on a tape played by the Government for the jury, in
which Michael Hockerman spoke with a man about a drug
transaction. Hockerman and the other man on the tape sounded
very familiar with each other and with drug trafficking
practices, suggesting a repeated course of conduct. Michael
Hockerman also testified at trial that he had bought drugs from
Hernandez on a number of occasions, as well as from Hernandez’s
roommate, J.J. Vega, and his brother, Rogelio.
Upon this evidence, the jury convicted Hernandez.
Construing the evidence in the best light for the Government,
there was sufficient evidence to find that Hernandez committed
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the essential elements cf the crime. On a number cf cccasicns he
agreed with ancther perscn tc distribute a tctal cf in excess cf
100 kilegrams cf marijuana. There, the mctien fer judgment cf
acquittal is denied.
Dated this _é{_day df August, 2005.
Dcnald W. Mall y, Chief Judge
United States istrict Ceurt
//
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