KEETON, District Judge. Following a new trial ordered by this court in United States v. Ariza-Ibarra, 605 F.2d 1216 (1st Cir. 1979) ( "Ariza I"), defendants Teodoro Ariza-Ibarra ("Ariza") and Alvaro Rodriguez ("Rodriguez") were again convicted by a jury of conspiracy to import 50,000 pounds of marijuana and 25 kilos of cocaine from Colombia into the United States in violation of 21 U.S.C. §§ 952(a), 963. On this appeal, we are required to address an issue left open in Ariza I, 605 F.2d at 1219-20 n. 3, concerning the scope of the government's duty under Roviaro v. United States, 353 U.S. 53, 77 S.Ct. 623, 1 L.Ed.2d 639 (1957), and United States v. Davila Williams, 496 F.2d 378 (1st Cir. 1974), to provide a defendant with accurate information concerning the whereabouts of a confidential informant.
It is basically immaterial to the admissibility inquiry in cases like these whether the accused has been charged with an offense directly related to his or her possession of a "tool of the trade." See United States v. Ariza-Ibarra, 605 F.2d 1216, 1224-25 (1st Cir. 1979). In particular, in admitting firearms and large amounts of cash, courts have recognized the high level of violence that is not uncommonly associated with the drug distribution business and the prevalence in this business of large-scale cash transactions.
It is common ground that the possession of large amounts of unexplained cash in connection with evidence of narcotics trafficking is generally relevant and admissable. United States v. Ariza-Ibarra, 605 F.2d 1216, 1225 (1st Cir. 1979). See also United States v. Wood, 834 F.2d 1382, 1386 (8th Cir. 1987); United States v. Collins, 764 F.2d 647 (9th Cir. 1985); United States v. Chagra, 669 F.2d 241, 255-57 (5th Cir. 1982), cert. denied, 459 U.S. 846, 103 S.Ct. 102, 74 L.Ed.2d 92 (1982); United States v. Tramunti, 513 F.2d 1087, 1105 (2d Cir. 1975).
Evidence of this type is admissible even though the government does not specifically trace the source of those funds to the illegal acts charged against the defendant because "a dishonest acquisition . . . [is] a natural and prominent hypothesis," 1 J. Wigmore, Evidence § 154, at 601 (1940 Supp. 1981), explaining the defendant's affluence. United States v. Ariza-Ibarra, 605 F.2d 1216, 1225, 1225 n. 11 (1st Cir. 1979), appeal after remand, 651 F.2d 2 (1981); United States v. Barnes, supra, 604 F.2d at 147; id. (cases cited); United States v. Viserto, 596 F.2d 531, 536 (2d Cir. 1979); United States v. Tramunti, 513 F.2d 1087, 1105 (2d Cir.), cert. denied, 423 U.S. 832, 96 S.Ct. 54, 46 L.Ed.2d 50 (1975); United States v. Rouse, 494 F.2d 45, 46 (5th Cir. 1974) (per curiam); United States v. Manning, 440 F.2d 1105, 1110 (5th Cir.), cert. denied, 404 U.S. 837, 92 S.Ct. 125, 30 L.Ed.2d 69 (1971); Hagan v. United States, 245 F.2d 556, 557-58 (5th Cir. 1957) (per curiam); United States v. Jackskion, 102 F.2d 683, 684 (2d Cir.), cert. denied, 307 U.S. 635, 59 S.Ct. 1032, 83 L.Ed. 1517 (1939); Commonwealth v. Mulrey, 170 Mass. 103, 49 N.E. 91, 94 (1898) (Holmes, J.) In the present case there was sufficient evidence that appellant was engaged in a large-scale continuing narcotics enterprise so as to justify, under this principle, the admission as relevant and probative evidence of his receipt of large sums of
The district court did not err by permitting Officer Taravela to testify about the corroborating evidence because Cardales' counsel asked Taravela about the cause for the defendants' arrests, thereby opening the door for the government to explore on redirect the grounds for the arrests. Cf. United States v. Ariza-Ibarra, 605 F.2d 1216, 1226 (1st Cir. 1979). Because we find that the district court did not err in any of the evidentiary rulings challenged on appeal, Peterson's cumulative error argument necessarily fails.
United States v. Figueroa, 976 F.2d 1446, 1454 (1st Cir. 1992), cert. denied, ___ U.S. ___, 113 S.Ct. 1346, 122 L.Ed.2d 728 (1993). See also United States v. Newton, 891 F.2d 944, 948 (1st Cir. 1989); United States v. Ariza-Ibarra, 605 F.2d 1216, 1224-25 (1st Cir. 1979), cert. denied, 454 U.S. 895, 102 S.Ct. 392, 70 L.Ed.2d 209 (1981). Dr. Ford contends that he sufficiently explained the source of a substantial portion of the cash.
Similarly, evidence of the acquisition of otherwise unexplained wealth may corroborate other evidence of participation in lucrative crimes. United States v. Ariza-Ibarra, 605 F.2d 1216, 1224-25 (1st Cir. 1979), cert. denied, 454 U.S. 895, 102 S.Ct. 392, 70 L.Ed.2d 209 (1981). 3.
Evidence that the defendant possessed or controlled substantial sums of money from unexplained sources is relevant in a prosecution for drug trafficking. See United States v. Newton, 891 F.2d 944, 948 (1st Cir. 1989) (possession of large amounts of unexplained cash relevant in connection with drug trafficking); United States v. Ariza-Ibarra, 605 F.2d 1216, 1224-25 (1st Cir. 1979), cert. denied, 454 U.S. 895, 102 S.Ct. 392, 70 L.Ed.2d 209 (1981) (evidence of large amounts of cash from undisclosed source relevant to charge of drug trafficking). The evidence revealed that Angel Figueroa's wealth included over $117,000 in bank accounts and withdrawal rights to an additional $30,000.
See, e.g., United States v. Magnano, 543 F.2d 431, 436 (2d Cir. 1976), cert. denied, 429 U.S. 1091, 97 S.Ct. 1100. 1101, 51 L.Ed.2d 536 (1977); United States v. Acarino, 408 F.2d 512, 517 (2d Cir.), cert. denied, 395 U.S. 961, 89 S.Ct. 2101, 23 L.Ed.2d 746 (1969); United States v. Drake, 673 F.2d 15, 21 (1st Cir. 1982); United States v. Indorato, 628 F.2d 711, 720-21 (1st Cir.), cert. denied, 449 U.S. 1016, 101 S.Ct. 578, 66 L.Ed.2d 476 (1980); United States v. Ariza-Ibarra, 605 F.2d 1216, 1228 (1st Cir. 1979), appeal after remand, 651 F.2d 2 and cert. denied, 454 U.S. 895, 102 S.Ct. 392, 70 L.Ed.2d 209 (1981). In the instant case the phrase "moral certainty" was used not to emphasize the prosecution's burden of proof, but rather incorrectly to define the degree of doubt necessary to entitle petitioner to an acquittal.
United States v. Newton, 891 F.2d 944, 948 (1st Cir. 1989). See also United States v. Ariza-Ibarra, 605 F.2d 1216, 1224-25 (1st Cir. 1979). Trial counsel did, however, object to the following exchange between Brunelle and the prosecutor: