United States v. Elias Ruben Garcia

Appellant was convicted by a jury of conspiracy to possess with intent to distribute marijuana and cocaine, 21 U.S.C. §§ 841 (a)(1) and 846 (Counts 2 and 4); possession with intent to distribute 827 pounds of marijuana and 779 grams of cocaine, 21 U.S.C. § 841 (a)(1), (Counts 3 and 5); and possession of a firearm during the commission of a felony, 18 U.S.C. § 924 (c)(2), (Count 6). Appellant was sentenced to 3 years on Counts 2 and 3, to run concurrently with a 6-year sentence imposed on Counts 4 and 5. On Count 6 appellant was sentenced to 2 years, to run consecutively with the sentences imposed on Counts 2, 3, 4 and 5.

On appeal appellant contends that the trial court erred in denying his motion for mistrial based on the government’s failure to provide discovery of one piece of paper seized from appellant, and that the prosecutor’s cross-examination of appellant and his closing argument were improper and prejudicial. Appellant’s conviction on Count 6 is questioned on two grounds: First, that there was insufficient evidence produced by the government to establish that the possession of the firearm was in itself unlawful and, second, the trial court’s instructions were…