United States v. Garcia

893 F.2d 188 (8th Cir. 1990)

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Nature of the Case

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Facts

D is a sixty-three-year-old resident of the Philippines who ran an auto repair shop with his sons. His son Dante is a Philippine national who is in the U.S. Air Force and is stationed at Clark Air Force Base in the Philippines. D had visited his daughter, Carmelita, both in Virginia and in Honolulu, where she currently lives. D had also visited his mother-in-law, Remedios Tarnate, during the time she had lived near Neosho, Missouri. D, Dante, and Remedios planned a trip to the United States. D and Remedios were scheduled for heart treatment in Honolulu but also intended to go to Missouri to do some Christmas shopping. Dante was to join them in Honolulu, and travel to Missouri with them, where he intended to obtain a divorce from his wife. Dante arrived first in Honolulu. All three were to spend the night with D's daughter, Carmelita. Dante arrived and Rolito Garcia Junio, Carmelita's son, testified at trial that Dante arrived with a suitcase and a black briefcase. Dante opened the briefcase in Rolito's presence, and he could see that it contained brown envelopes full of United States currency, in $20 and $100 bills. When Rolito left for work that morning, Dante was counting money. In the parking lot of the hotel, Dante told Rolito that the money was indeed counterfeit and that he had brought it into the United States for his father, D. D, Remedios and Dante left together the next morning and eventually go to a mall in Joplin. Dante attempted to pass a counterfeit $20 bill. The store clerk refused it, and after Dante left, the clerk called mall security. The guard then stopped Dante and asked him about the money. Dante denied having the bill and said he had given it back to D. Since Dante and the security guard could not find D, Dante was released. Soon after, D and Remedios were arrested at a Wal-Mart store, where Remedios had attempted to pass a counterfeit $100 bill, while D waited outside. D had on his person fifty-three $100 bills and four $20 bills, all counterfeit. Any other counterfeit bills brought into the United States from the Philippines were not recovered. During the trial, the court admitted statements made by Dante which D claimed were not made 'in furtherance of the conspiracy' as required by Rule 801(d)(2)(E). At trial, Rolito testified that after Dante attempted to pay the prostitutes with the counterfeit money, Dante told him 'that the money was not real.' Dante also told him, in Rolito's words, that 'only me, my grandpa and him knows about the money.' Dante also said that he brought the money into Honolulu for D, that he brought it because it was easier for him, as a member of the armed forces, to get the money through customs, and that he brought $40,000 to $50,000. Dante also made statements to the Joplin mall security guard. Dante simply told him that he had given the refused $20 bill to D. The statements were admitted and D was convicted and appealed.

D was convicted and appealed.