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United States of America v. Luis Enrique Santiago-Perez

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Before Torruella, Lipez and Howard, Circuit Judges.

Defendant-appellant Luis Santiago-Perez ((“Santiago”) was convicted of attempting to possess with an intent to distribute 500 grams or more of a controlled substance, but acquitted of conspiracy to possess with an intent to distribute the same substance. See 18 U.S.C. § 2; 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(ii)(II), 846. Resting on Federal Rule of Evidence 403, the appellant argues that the district court erroneously admitted evidence of the amount of money that he and his companions were carrying when traveling to the British Virgin Islands. Discerning no error, we affirm.

During the afternoon of March 15, 2009, Santiago and two other men arrived at Tortola in the British Virgin Islands after traveling by ferry from St. Thomas. A customs officer asked Santiago about a “bulge” that she saw in his left pocket. He acknowledged that it was money and placed the cash on the counter when requested to do so; it totaled $5,000. The other two men also revealed the cash that they were carrying, one having $15,000 on him and the other having over $9,000. Because the $15,000 cache exceeded the legal limit for undeclared money and the defendant’s companions apparently spoke little English, the customs officer asked Santiago whether he knew that one of his friends was carrying an unlawful amount. Santiago initially answered in the negative, but he then explained that the purpose of his visit to the Virgin Islands was to purchase a horse, and that he had parceled out his purchase money to each man in an effort to circumvent the declaration requirement. Santiago was unsure of the name or location of the person from whom he intended to buy the horse. Ultimately, while retaining possession of the $15,000, the customs officer permitted the trio to continue on their way with the remaining money — about $14,000 — intact.

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