ILNews

Judges ‘disturbed’ by linking of drugs to defendant’s nationality

Back to TopCommentsE-mailPrintBookmark and Share

Even though the 7th Circuit Court of Appeals was “disturbed” by a government agent’s improperly admitted testimony linking a defendant’s Mexican nationality to the methamphetamine at issue, the court declined to grant a new trial.

Juan Ramirez-Fuentes was charged and convicted of one count each of possession with the intent to distribute 500 grams or more of methamphetamine and possessing firearms in furtherance of a drug trafficking crime. He received 295 months in prison. The convictions are based on Ramirez-Fuentes’ admittance that 3.1 kilograms of methamphetamine and two firearms found at his brother’s apartment were actually his.

In United States of America v. Juan Ramirez-Fuentes, 12-1494, he argued that the District Court in Hammond erred in admitting testimony from Drug Enforcement Administration Special Agent Jon Johnson, who described the recovered drug as “Mexican methamphetamine,” which he noted is produced by “Mexican nationals;” and Johnson’s testimony about violence associated with drug trafficking. Ramirez-Fuentes’ attorney did not object to that testimony at trial, so the 7th Circuit examined it for plain error.

“We find unconvincing Ramirez-Fuentes’s argument that the district court should have excluded Agent Johnson’s testimony about drug trafficking under Rule 403 because it caused jurors to associate Ramirez-Fuentes with violent behavior,” Judge Joel Flaum wrote. “Agent Johnson’s discussion of the relationship between guns and drugs, during which time he referenced the violence that is part of the drug trade, was highly probative of Ramirez-Fuentes’s guilt on the firearm possession charge and any potential for prejudice was slight.”

But the judges were not pleased with the court allowing Johnson’s testimony regarding the “Mexican” nature of the methamphetamine. The 7th Circuit agreed with other Circuit courts that had held the admission of government-proffered testimony tying the race or ethnicity of a defendant to the racial or ethnic characteristics of a special drug trade is improper.

“Here, Agent Johnson made unnecessary and avoidable references to Ramirez-Fuentes’s nationality in response to questions from the prosecution. The references to 'Mexican methamphetamine' invited the jury, albeit implicitly, to consider Ramirez-Fuentes’s nationality in reaching its decision in the case. Thus, even if the evidence was at all relevant under Rule 401, it should have nonetheless been excluded under Rule 403 because of the danger of unfair prejudice inherent in its admission,” Flaum wrote.

But under plain error review, Ramirez-Fuentes hasn’t shown probable acquittal but for the District Court’s error. He confessed to possession of the drugs and guns, and he also admitted he had been given money in exchange for holding on to the drugs, which he hid in his brother’s apartment.

The appellate court rejected Ramirez-Fuentes’ arguments that his imprisonment is unreasonably long and because of his convictions, he will ultimately be deported. The District judge did consider the defendant’s family circumstances when sentencing him and imposed a sentence on the low end of the guideline range. The 7th Circuit saw no reason to overturn the sentence.

 

ADVERTISEMENT

  • Tainted jury!
    I realize commenting here is a total waste of time but I am going to do it one more time on the slim chance someone with a brain may read it. This case would not have happened if we kept mexican ilegals out of the country, even Mexicans that are here legally don't want mexican illegals here and if they weren't given amnesty, the drug trade in the U.S. would be greatly reduced. Illegals are law breakers and giving them amnesty promotes criminal activity. It also sets a precedent, if illegal aliens(criminals) get amnesty then all criminals should get amnesty, so unlock the prison cells!

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT