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United States v. Gamboa, 4th Cir. (2011)
United States v. Gamboa, 4th Cir. (2011)
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
Joseph R. Goodwin,
Chief District Judge. (2:08-cr-00151-2)
Submitted:
Decided:
March 8, 2011
PER CURIAM:
Arnoldo Avita Gamboa appeals his convictions and the
mandatory life sentence imposed after a jury convicted him of
conspiracy to distribute five kilograms or more of cocaine, in
violation of 21 U.S.C. 846 (2006), and conspiracy to launder
money, in violation of 18 U.S.C. 1956(h) (2006).
On appeal,
Finding no reversible
error, we affirm.
Gamboa first contends that the district court should
have
dismissed
juror
for
cause
because
she
had
read
two
However, the
would
with
at
affect
the
trial.
her
law
ability
and
on
Generally,
the
a
to
decide
basis
of
challenge
the
case
the
evidence
for
cause
in
is
United
States v. Turner, 389 F.3d 111, 117 (4th Cir. 2004) (internal
quotation
marks
discretion
to
omitted).
assess
the
It
is
within
credibility
of
the
a
trial
judges
potential
jurors
Upon review,
we conclude that the district court did not abuse its discretion
in seating the juror over Gamboas objection.
See Poynter ex
rel. Poynter v. Ratcliff, 874 F.2d 219, 222 (4th Cir. 1989) (A
trial judge has very broad discretion in deciding whether to
excuse a juror for cause and his decision will not be overturned
except for manifest abuse of that discretion.).
Gamboa next contends that the district court deprived
him
of
due
process
by
Governments witnesses.
failing
to
sua
sponte
sequester
the
of
prejudice
arising
from
the
presence
of
witnesses
(4th
Cir.
prejudice
1969).
Here,
resulting
Gamboa
from
the
has
trial
failed
to
courts
establish
decision
not
the
to
related
was
Id.
argument,
ineffective
for
Gamboa
failing
of
ineffective
contends
to
move
A defendant
assistance
of
counsel
that
can
.
trial
for
the
raise
the
on
direct
the
instant
matter,
even
if
we
assume
arguendo
that
the
counsel
was
ineffective
for
failing
to
move
for
the
convict
him
of
the
cocaine
4
conspiracy
charge,
relying
defendant
challenging
the
sufficiency
of
the
evidence
to
United States v.
Beidler, 110 F.3d 1064, 1067 (4th Cir. 1997) (internal quotation
marks omitted).
substantial
evidence,
taking
the
view
most
favorable
to
the
60, 80 (1942); see United States v. Perkins, 470 F.3d 150, 160
(4th Cir. 2006) (defining substantial evidence).
We consider
United
(2)
[the
defendant]
knew
of
the
conspiracy;
and
that
uncorroborated
testimony
5
of
an
accomplice
We have
may
be
744 F.2d 360, 392 (4th Cir. 1984); see United States v. Wilson,
118
F.3d
228,
234
(4th
Cir.
1997)
(We
may
not
weigh
the
functions
citation
are
omitted).
reserved
for
Furthermore,
the
jury.)
(internal
other
witnesses
several
As
asserts
that
the
Government
failed
to
prove
U.S.C. 846.
the
prior
convictions,
the
If the defendant
government
must
prove
any
21 U.S.C. 851(b),
(c) (2006); United States v. Kellam, 568 F.3d 125, 145 (4th
Cir.), cert. denied, 130 S. Ct. 657 (2009).
the
Governments
evidence
submitted
6
at
We have reviewed
sentencing,
which
records
correlating
to
these
convictions
(one
of
of
fingerprint
expert
indicating
that
the
standard of review).
Finally,
cruel,
unusual,
Gamboa
and
argues
that
his
life
sentence
is
disproportionate
to
the
offense,
in
dispense
with
oral
argument
because
the
facts
and
legal
AFFIRMED