Professional Documents
Culture Documents
Unpublished
Unpublished
No. 07-4851
Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg. Samuel G. Wilson, District
Judge. (5:06-cr-00054-sgw)
Submitted:
March 5, 2008
Decided:
PER CURIAM:
Juan Evangelista Castro appeals his jury convictions for
conspiracy
to
methamphetamine
distribute
in
five
violation
hundred
of
21
grams
U.S.C.
or
more
of
841(a)(1),
In
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but instead stated that a controlled purchase had been made from a
subject in a vehicle that officers had followed back to the
apartment.
As the
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2003) (quoting United States v. Wilson, 118 F.3d 228, 237 (4th Cir.
1997).
of discretion.
1995).
At trial, police officers testified that no Spanish
interpreter was present during the search of Castros residence or
later during interviews and that Castro effectively communicated
with them in English.
Castro filed a motion for a new trial claiming as new evidence that
the Government presented false evidence to the jury.
At an
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318 (4th Cir. 2000) (internal quotation marks omitted). Unless the
defendant demonstrates all five of these factors, the motion should
be denied.
1989).
The evidence of the interpreters presence is merely
impeaching evidence.
interpreter was central to his case, but the only value of the
evidence is to prove the officers did not properly recollect the
search of Castros apartment.
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He
admitted giving $4000-4500 for the packages, but stated the money
was a loan intended for a child in Mexico with cancer.
Castro also testified that he provided money to others to
buy drugs and that the only thing I thought was that [his friends]
were selling drugs.
Castro
testified that a friend had given him the sweater that contained
the methamphetamine in his closet.
The
The adjustment
for
the
perjury
is
not
applicable
merely
because
defendant
The court must find that the defendant gave false testimony
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Id. at 94.
However,
Thus, we
conclude
Castros
that
the
court
did
not
err
when
enhancing
At sentencing,
(4th Cir. 2002); United States v. Cook, 76 F.3d 596, 604 (4th Cir.
1996).
See Cook,
76 F.3d at 604.
The
attributable
district
to
Castro
court
found
exceeded
the
the
quantity
five-kilogram
of
drugs
threshold
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Alonzo
specifically
remembered
twopound
and
but
the
court
declined
to
make
precise
dispense
with
oral
argument
because
the
facts
and
legal
AFFIRMED
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