United States v. Geovani Hernandez

Summary

Geovani Hernandez, a police sergeant, was convicted of attempting to aid and abet possession with intent to distribute cocaine after acting as a scout for drug loads. The Fifth Circuit held that the evidence was sufficient under plain error review, as his actions—meeting with a confidential informant, scouting in his patrol car, and accepting payment—constituted a substantial step toward the crime. The court clarified that aiding and abetting does not require proof of actual or constructive possession of the controlled substance. The court declined to consider Hernandez's ineffective assistance of counsel claim on direct appeal, preserving it for collateral review.

Holdings

1. The evidence was sufficient; there was no manifest miscarriage of justice. The Government was not required to prove actual or constructive possession of the cocaine.
2. No, the Government is not required to prove actual or constructive possession. Aiding and abetting requires association and participation calculated to bring about the venture's success.
3. The court declines to consider the ineffective assistance claim on direct appeal, without prejudice to collateral review.

Questions Presented

1. Whether the evidence was sufficient to support the jury's verdict of guilty for attempting to aid or abet possession with intent to distribute cocaine.
2. Whether trial counsel rendered ineffective assistance by failing to renew the motion for judgment of acquittal.

Disposition

affirmed