UNITED STATES of America, Appellee, v. John CARTAGENA, Cesar Tueros, Defendants, Vladimir Alexis Morillo-Vidal, aka Vladimir Morillo, Defendant-Appellant, 518 F. App'x 38

SUMMARY ORDER Defendant-Appellant Vladimir Alexis Morillo-Vidal (“Morillo-VidaF) appeals from a judgment of conviction entered on September 29, 2011, following a jury trial held in the United States District Court for the Southern District of New York (Sweet, J.).

A jury convicted Morillo-Vidal of one count of conspiracy to distribute and possess with the intent to distribute five kilograms and more of cocaine, in violation of 21 U.S.C. §§ 846, 812, 841(a)(1) and 841(b)(1)(A), and one count of attempting to possess with the intent to distribute five kilograms and more of cocaine, in violation of 21 U.S.C. §§ 812, 841(a)(1) and 841(b)(1)(A). The district court sentenced Morillo-Vidal to the mandatory minimum 120-month term of imprisonment. We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues presented for review.

Morillo-Vidal argues on appeal that the evidence presented at trial was insufficient to sustain the jury’s verdict that he knowingly attempted to possess with the intent to distribute approximately 47 kilograms of cocaine. A defendant challenging a jury’s verdict of guilt must establish that no rational juror could have found that the Government proved the elements of the crime beyond a reasonable doubt. United States v. Rodriguez, 892 F.3d 539, 544 (2d Cir.2004). Morillo-Vidal cannot meet this “heavy burden.” Id.

The evidence adduced at trial showed that Morillo-Vidal agreed to meet with Audrey Bonanno, who possessed 47 kilograms of sham cocaine, to pick up the drugs on behalf of “Bubu.” After exchanging numerous calls with “Bubu” and Bo-nanno, Morillo-Vidal went to a McDonald’s in Manhattan to meet Bonanno and retrieve a duffel bag containing the cocaine.

Morillo-Vidal’s claim that he was unaware of the duffel bag’s contents is undermined by testimony establishing that the bag containing the sham drugs was partially unzipped, the trunk of the vehicle where the bag was located was well-lit, and Morillo-Vidal reached into the bag to push the duct-taped bricks of sham cocaine further inside the bag before zipping it closed. Morillo-Vidal’s claim that he believed the bag to contain clothing is suspect given that the duffel bag weighed approximately 100 pounds.

In addition, when the agents interrupted the transaction, Morillo-Vidal was poised to take sole possession of the drugs — a cache worth approximately $1.8 million — reflecting his position of trust with “Bubu.” Based on these facts, the jury reasonably determined that the Government had met its burden to show Mor-illo-Vidal’s knowledge of the contents of the duffel bag. For the foregoing reasons, the judgment of the district court is hereby AFFIRMED.