United States of America v. Ciro Lopez Garcia

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Before Selya, Circuit Judge, Souter, Associate Justice, *fn1 and Lipez, Circuit Judge.

The defendant-appellants, Ciro Lopez Garcia (“Lopez”) and Marco Garcia (“Garcia”) were convicted of conspiracy to distribute cocaine, and to possess it with intent to distribute, in violation of 21 U.S.C. __ 841(a)(1), 841(b)(1)(A)(ii), and 846. Lopez claims that the evidence was insufficient to prove him a conspirator, and in the alternative he challenges the sentencing judge’s finding of the amount of the drug attributable to him. Garcia raises plain error in admitting evidence of law enforcement officers’ precautions in executing a search warrant, and in the trial court’s failure to declare a mistrial sua sponte in response to prosecution testimony referring to a threat of violence by one of Garcia’s co-conspirators and to the Mexican origin of the drugs. We see no reversible error and affirm.

Lopez’s cousin, Juan Garcia Hernandez (“Hernandez”), was a New Hampshire cocaine dealer, who in 2007 formed a partnership with another dealer in the state, Renaury Ramirez Garcia (“Ramirez”). See United States v. Garcia-Hernandez, 659 F.3d 108 (1st Cir. 2011). In the Fall of that year, the two sought a new source of drugs in Texas, where they met with defendant Lopez, who introduced them to a man known as “Molina.” Molina later sent them several large shipments of cocaine, which Hernandez and Ramirez in turn sold to other dealers in New Hampshire, New York, and Massachusetts. Much of the drugs and the proceeds from the sales were stored in Hernandez’s girlfriend’s house on Brown Avenue, in Manchester, New Hampshire.

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