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QUIRAMA v. MITCHELE

April 30, 1992

GERALDO QUIRAMA, Petitioner,
v.
ROBERT MITCHELE, Respondent.


STANTON


The opinion of the court was delivered by: LOUIS L. STANTON

Petitioner Geraldo Quirama moves pursuant to 28 U.S.C. § 2254 for a writ of habeas corpus, arguing that his state court conviction was constitutionally invalid because (1) his guilt was not proven beyond a reasonable doubt; (2) the trial court's charge to the jury on the topic of accomplice liability improperly omitted the requirement of shared mental culpability; and (3) his sentence violated the eighth amendment prohibition against cruel and unusual punishment.

 BACKGROUND

 Quirama was arrested in part of a Drug Enforcement Administration (DEA) "buy and bust" operation. Arrested with him were Francisco Luna and Earl Walcott. All three were released on bail, but only Quirama remained to stand trial.

 After a jury trial, Quirama was convicted on May 23, 1985 of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree and in the third degree. He was given the statutory mandatory minimum sentence, two concurrent terms of fifteen years to life imprisonment on the first degree charges, and five years to fifteen years imprisonment on the third degree charge. He appealed his conviction and sentence to the Appellate Division, First Department on the same three grounds that he now presents for federal habeas corpus relief. On February 28, 1989 the First Department affirmed his conviction, without an opinion. The New York State Court of Appeals denied Quirama leave to appeal.

 DISCUSSION

 . SUFFICIENCY OF THE EVIDENCE

 Quirama argues that this testimony was insufficient to rebut his own testimony that he was an innocent bystander to the transaction who got arrested only because the back-up unit was told to arrest anyone standing near Flores. He argues that the testimony of the backup officers failed to corroborate the testimony of Francescha and Flores, and, in some instances, even contradicted it. He argues that the arresting officers had not seen him participate in the crime, and none of them corroborated Francescha's testimony that Francescha identified him as a participant in the crime after he was arrested.

 Quirama's arguments are unavailing in the context of federal habeas review of a state conviction. See Jackson v. Virginia, 443 U.S. 307, 319, 99 S. Ct. 2781, 2789, 61 L. Ed. 2d 560 (1979). "The relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Id. (emphasis in the original).

 
The task is to ascertain whether the record evidence on which the trier of fact relied was of sufficient quality to support the verdict. Stated another way, a jury verdict is to be upheld where, taking a view of the case most favorable to the government, there is substantial evidence to support it. Since it is the trier of fact that weighs the evidence, determines credibility and draws inferences from historic to ultimate facts, a federal court, in analyzing sufficiency, should not "ask itself whether it believes that the evidence at the trial established guilt beyond a reasonable doubt." The habeas court is not to substitute its view of the evidence for that of the jury. Instead, it stands in the shoes of the state trial court, and must consider whether a rational trier of fact could properly find or infer that the accused is guilty beyond a reasonable doubt.

 Mallette v. Scully, 752 F.2d 26, 31 (2d Cir. 1984) (citations and footnote omitted).

 A rational trier of fact could have credited the testimony of Francescha and Flores, despite its claimed lack of corroboration, and discredited Quirama's testimony, despite its claimed corroboration by other defense witnesses. Therefore, ...


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