UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4673
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROLAND EUGENE FULLER,
Defendant - Appellant.
No. 07-4674
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ALVIERO MESA-LOPEZ,
Defendant - Appellant.
Appeals from the United States District Court for the District of
South Carolina, at Greenville. Henry F. Floyd, District Judge.
(6:06-cr-00998-11; 6:06-cr-00998-5)
Submitted: February 14, 2008 Decided: March 11, 2008
Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Stephanie A. Rainey, RAINEY & BROWN, LLC, Spartanburg, South
Carolina; Janis Richardson Hall, Greenville, South Carolina, for
Appellants. Reginald I. Lloyd, United States Attorney, Leesa
Washington, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Roland Eugene Fuller and Alviero Mesa-Lopez (“Lopez”)
were tried together and convicted by a jury of conspiracy to
possess with intent to distribute five kilograms or more of
cocaine, fifty grams or more of cocaine base, and 1000 kilograms or
more of marijuana, in violation of 21 U.S.C. § 841(a)(1) (2000), 21
U.S.C.A. § 841(b)(1)(A) (West 2000 & Supp. 2007), and 21 U.S.C. §
846 (2000). Lopez was also convicted of using and carrying a
firearm in relation to a drug trafficking offense, in violation of
18 U.S.C.A. §§ 924(c)(1), (2) (West Supp. 2007), and possessing
with intent to distribute fifty grams or more of methamphetamine,
500 grams or more of cocaine, and 100 kilograms or more of
marijuana, in violation of 21 U.S.C. § 841(a)(1) (2000), 21
U.S.C.A. §§ 841(b)(1)(A), (b)(1)(B) (West 2000 & Supp. 2007) and 18
U.S.C. § 2 (2000). Fuller and Lopez both appealed their
convictions, and for the reasons that follow, we affirm.
First, Fuller asserts the Government violated Batson v.
Kentucky, 476 U.S. 79 (1986), in selecting the jury. Great
deference is given to a district court’s determination of whether
a peremptory challenge was based on a discriminatory motive, and
the court’s ruling is reviewed for clear error. Jones v. Plaster,
57 F.3d 417, 421 (4th Cir. 1995). Generally, a Batson challenge
consists of three steps: (1) the defendant makes out a prima facie
case of discrimination; (2) the government offers a race-neutral
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explanation; and (3) the trial court decides whether the defendant
has carried his burden and proved purposeful discrimination.
Purkett v. Elem, 514 U.S. 765, 767-68 (1995). Upon review of the
record, we conclude the district court did not clearly err in
determining Fuller did not establish purposeful discrimination in
the jury selection.
Second, Lopez contends the district court erred in
admitting evidence of approximately three kilograms of cocaine and
200 grams of methamphetamine seized from his residence because the
Government failed to establish a complete chain of custody.1 Lopez
objected to admission of the drugs because the special agent who
transferred the evidence from the residence to the DEA office did
not testify. The court overruled the objection.
Under Fed. R. Evid. 901, the admission of an exhibit must
be preceded by “evidence sufficient to support a finding that the
matter in question is what its proponent claims.” This showing is
satisfied by “sufficient proof that the evidence is what it
purports to be and has not been altered in any material respect,”
and is not intended as an “iron-clad” rule that requires exclusion
of real evidence based on a missing link in its custody. United
States v. Ricco, 52 F.3d 58, 61-62 (4th Cir. 1995). Resolution of
1
During the search of Lopez’s residence, police seized 2.99
kilograms of cocaine, 193.8 grams of methamphetamine, 575.75
kilograms of marijuana, firearms, ammunition, a food sealer,
digital scales and over $27,000 in currency.
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a chain of custody question rests with the sound discretion of the
trial judge. Ricco, 52 F.3d at 61. We find the district court did
not abuse its discretion because the Government presented
sufficient testimonial evidence to authenticate the proffered drug
evidence as the drugs found and seized from Lopez’s residence. See
United States v. Howard-Arias, 679 F.2d 363, 365-66 (4th Cir. 1982)
(upholding admission of evidence when all members of the chain of
custody testified except for one DEA agent who transferred the
contraband from one location to another).
Third, Fuller challenges admission of the drugs seized
from Lopez’s residence, arguing that the evidence was unduly
prejudicial to him.2 Because Fuller did not challenge the
admission of the evidence at trial, we review for plain error. See
Fed. R. Crim. P. 52(b); United States v. Olano, 507 U.S. 725,
731-32 (1993). Fuller thus must show: (1) there was error; (2) the
error was plain; and (3) the error affected his substantial rights.
Olano, 507 U.S. at 732-34. When these conditions are satisfied, we
may exercise our discretion to notice the error only if the error
“seriously affect[s] the fairness, integrity or public reputation
of judicial proceedings.” Id. at 736 (internal quotation marks
omitted). Because Fuller cannot establish error or prejudice, his
claim fails.
2
Fuller neither objected to a joint trial nor requested a
severance.
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Accordingly, we affirm Fuller’s and Lopez’s convictions
and sentences. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional process.
AFFIRMED
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