Opinion

United States v. Joan Estadella

Court
Court of Appeals for the Eleventh Circuit
Filed
Feb 20, 2026
Status
Published
Nature of suit
NEW
Cited by
0 cases
Authority
More cited than 38.8%

holding argument regarding weight of evidence was not improper

How later courts described this case

  • holding argument regarding weight of evidence was not improper
  • “[W]e may infer a defendant’s intent to distribute from the large quantity of narcotics seized.”
  • concluding wife retained common authority over home where almost all her belongings, including her pets, remained in the home
  • stating evidence “pertaining to the chain of events explaining the context, motive[,] and set-up of the crime” may be admitted (quoting United States v. McLean, 138 F.3d 1398, 1403 (11th Cir. 1998))

Written by the judges who cited it.

The opinion

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FOR PUBLICATION

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 23-11061

____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOAN MANUEL ESTADELLA,

Defendant-Appellant.

____________________

Appeal from the United States District Court

for the Southern District of Florida

D.C. Docket No. 1:21-cr-20374-RKA-1

____________________

Before JORDAN, HULL, and MARCUS, Circuit Judges.

HULL, Circuit Judge:

Following a jury trial, defendant Joan Estadella appeals his

convictions and 96-month sentence on an 18 U.S.C. § 922(g)(1)

felon in possession of a firearm count and a 21 U.S.C. § 841(a)(1)

possession with intent to distribute methamphetamine count. On

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2 Opinion of the Court 23-11061

appeal, Estadella challenges (1) the denial of his motion to suppress

evidence; (2) the admission of parts of the government’s evidence;

(3) the denial of his Federal Rule of Criminal Procedure 29 motion

for judgment of acquittal as to his § 841(a)(1) drug conviction;

(4) the overruling of his prosecutorial misconduct objection; (5) all

of these rulings as cumulative error; and (6) the calculation of his

base offense level at sentencing.

After careful review of the record and the parties’ briefs, and

with the benefit of oral argument, we affirm Estadella’s convictions

and sentence.

I. INDICTMENT

An indictment in the Southern District of Florida charged

Estadella with (1) possessing a Taurus 9mm pistol with serial

number TLZ57339 and its ammunition as a convicted felon

between November 28, 2020, and December 1, 2020, in violation

of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) (Count 1); (2) possessing a

Springfield Armory .380 caliber pistol with serial number

CC121963 and its ammunition as a convicted felon between

November 30, 2020, and December 1, 2020, in violation of 18

U.S.C. §§ 922(g)(1) and 924(a)(2) (Count 2); (3) possessing

methamphetamine with intent to distribute, in violation of 21

U.S.C. § 841(a)(1) (Count 3); and (4) possessing a firearm in

furtherance of a drug trafficking crime, in violation of 18 U.S.C.

§ 924(c)(1)(A)(i) (Count 4). Estadella pled not guilty and proceeded

to trial.

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II. TRIAL EVIDENCE

During a four-day jury trial, the government called eleven

witnesses. Multiple members of the Hialeah Police Department

testified, including: Detectives Kinshun Mui and Daniel Gato,

Crime Scene Technicians Amber Perez and Genesis Prescott, and

Sergeant Gene De Lima. Three members of the Miami-Dade Police

Department’s crime laboratory testified: Tyler Brown as a firearms

identification expert, and Jonathan Lawrence and Cara Lopez as

DNA analysts. From the Drug Enforcement Administration

(“DEA”), forensic chemist Manuel Febo testified and described lab

results for narcotics seized, and Special Agent Shaun Perry testified

as an expert in street-level drug trafficking. Dianellys

Estadella—the defendant’s fraternal twin sister—also testified.

Collectively, their testimony showed as follows.

A. Star Motel Shooting and Arrest

On November 28, 2020, a shooting and possible abduction

occurred at the Star Motel, located in Hialeah, Florida. Two days

later, Detective Mui of the Hialeah Police Department began

investigating the incident. As part of his investigation, Mui

collected surveillance video from the Star Motel and surrounding

businesses. Surveillance videos were played for the jury, and Mui

described their contents at length.

The suspects arrived at the Star Motel in a white work van

with two ladders on the roof. Two men wearing distinctive

clothing exited the van and walked to the rear of the building. The

taller man had on a neon yellow-green mask, while the shorter

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man wore a dark olive-green shirt, dark mask, Jordan brand

sneakers, rubber-coated work gloves, and a blue hat with “Miami”

in white, cursive font embroidered on the front.

The two men approached one of the guest rooms of the

motel and drew their pistols. The taller man wielded a medium-

framed silver and purple pistol, while the shorter man bore a small,

black pistol. The suspects tried to force their way into the room.

During the ensuing struggle, the taller man fired a shot into the

room.

The two men then departed, escorting a woman from the

motel room. The assailants and their apparent captive drove away

in the white work van.

During his review of the surveillance footage, Detective Mui

observed an occupational license number on the white work van.

The number was associated with J and M Electric LLC (“J&M

Electric”), an entity whose registered agent and manager was listed

as Defendant Estadella. J&M Electric’s principal place of business

was a residential address on West 17th Street in Hialeah, Florida

(the “West 17th property”).

Shortly after performing a “drive through” of the residential

neighborhood where J&M Electric was based, Sgt. De Lima

spotted the white work van from the surveillance footage and

initiated a traffic stop. Officers identified Estadella, whom Sgt. De

Lima described as “very short and stocky,” as the driver of the van.

Estadella’s girlfriend, Yoana Quevedo, was riding along as a

passenger. Based on their possible connection to the Star Motel

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incident, both Estadella and his girlfriend were taken into custody,

and the van was impounded.

B. The West 17th Property

In addition to being J&M Electric’s listed address, the West

17th property served as Estadella’s residence. Acquired in 2011, the

property initially functioned as a “family home” for multiple

generations of the Estadella family, including Estadella, his sister

Dianellys, their mother and stepfather, Estadella’s son, and

Dianellys’s two daughters. The West 17th property was owned by

Estadella’s (1) mother and (2) stepfather, Lazaro Soriano.

Later in 2011, Dianellys and her daughters moved out.

Estadella then took possession of the main bedroom with a

connected bathroom. Estadella also converted a back bedroom

into an office and placed a keypad lock on the door. Around 2017,

shortly after Estadella’s mother passed away, Estadella’s girlfriend

moved into the property with Estadella.

After the mother’s passing, Soriano became the sole owner

of the house. At the time Estadella was arrested, Detective Mui and

Sgt. De Lima believed Soriano owned the residence.

C. Searches of the West 17th Property

On November 30, Soriano gave detectives verbal and

written consent to search the West 17th property. At the home,

Soriano even used his key to allow officers into the house.

Once inside, Detective Mui saw the same Jordan shoes and

“Miami” baseball cap that he had observed in the surveillance

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6 Opinion of the Court 23-11061

footage from the Star Motel. These items were in Estadella’s

bedroom and the connected bathroom. Later on, DNA in the

baseball cap matched a sample taken from Estadella.

Based on their observations, the officers withdrew, and

Detective Mui applied for a search warrant allowing officers to

search the residence for evidence related to the Star Motel

shooting. On December 1, while the application for a search

warrant was pending, Mui allowed Soriano to enter the residence

under police escort to retrieve his dogs and medicine. The search

warrant on the residence was issued later that day.

After obtaining the search warrant, officers continued their

search of the West 17th property. In common areas, officers found

an olive-green shirt and gardening gloves with rubberized

palms—items believed to have been worn by the shorter suspect in

the Star Motel incident. Within Estadella’s bathroom, officers

found the firearm and ammunition charged in Count 2: a black,

compact pistol manufactured by Springfield Armory with serial

number CC121963 and loaded with five rounds of ammunition.

During execution of the search warrant, officers discovered

Estadella’s locked office with a keypad code at the back of the

house. Without the code, officers forced their way into the room.

The room contained a large J&M Electric poster, a desk, business

files, and computers. A bulletin board had J&M Electric flyers and

business cards pinned to it. A small Scarface movie poster sat atop a

mess of files on the desk. Instead of depicting Al Pacino as the

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fictional drug kingpin Tony Montana, the poster was altered, with

Estadella’s face superimposed over Pacino’s.

In a file box underneath the desk, officers uncovered a black

bag with suspected narcotics inside. This prompted the officers to

withdraw and obtain a search warrant allowing them to search for

and seize narcotics-related evidence.

After obtaining the additional warrant, Detective Gato of

the narcotics unit continued searching the office. Gato described

the black bag as a narcotics “trafficking kit” containing “basically

everything that someone would need to sell or distribute

narcotics,” including: spoons, a measuring cup, digital scales,

empty plastic baggies, and several baggies of suspected narcotics.

Gato collected thirty baggies of suspected narcotics from the back

office. Lab tests showed the substances recovered contained 31

grams of methamphetamine with 93% purity, or 28.8 grams of

pure methamphetamine. Special Agent Shaun Perry opined that

the packaging and quantity of methamphetamine was consistent

with the distribution and sale of narcotics, rather than personal use.

Other officers returned to Estadella’s bedroom and found

the firearm and ammunition charged in Count 1: a loaded silver

and purple Taurus 9mm pistol with serial number TLZ57339. The

government’s firearm identification expert testified that a shell

casing recovered from the Star Motel was ejected from this Taurus

9mm.

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D. Search of Estadella’s Van

Pursuant to a separate search warrant, Detective Mui and

others searched the white van Estadella was driving at the time of

his arrest. Within a bag stored in the center console, they found a

Smith and Wesson pistol. This pistol was not charged in the

indictment. The district court instructed the jury to consider it only

for the purpose of determining Estadella’s state of mind. See Fed.

R. Evid. 404(b).

E. YouTube Music Video

The government played a YouTube music video filmed

within the West 17th property. As one individual freestyle raps in

Spanish, the video depicts Estadella and others playing poker at a

table covered in poker chips and firearm magazines. Detective Mui

viewed the video and (1) identified Estadella based on his

distinctive tattoos; and (2) stated the video took place inside the

West 17th property. The singer repeatedly bears a pistol. At one

point, the camera focuses on a plate covered by small baggies of

suspected narcotics. Dianellys testified that the hands holding the

plate belonged to her brother, Estadella.

The district court provided a limiting instruction both times

the YouTube video was mentioned. The district court told the jury

they must consider the video “only . . . to determine whether or

not the defendant had the state of mind to commit the crimes that

are charged in the indictment.”

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F. Stipulations

The parties stipulated that Estadella (1) was convicted of a

felony offense prior to November 28, 2020; and (2) knew he was

convicted of a felony offense.

The parties also stipulated that the Springfield Armory .380

caliber pistol, Taurus 9mm pistol, and associated ammunition

qualified as “firearms” and “ammunition” as defined in 18 U.S.C.

§ 921(a)(3) and (17). The parties agreed the firearms and

ammunition described “were all manufactured outside of the State

of Florida and thus have moved in interstate or foreign commerce

prior to November 28, 2020.”

G. Verdict and Sentence

The jury found Estadella guilty (1) of the felon in possession

of a firearm charges in Counts 1 and 2; and (2) of the possession

with intent to distribute methamphetamine charge in Count 3. The

jury found Estadella not guilty of the possession of a firearm in

furtherance of a drug trafficking crime charge in Count 4.

After his conviction, Estadella moved to dismiss Count 2,

which charged him with possessing the Springfield Armory .380

caliber pistol as a convicted felon. Estadella argued his conviction

on Count 2 and for the Taurus 9mm pistol in Count 1 created a

double jeopardy problem because “[t]he ‘simultaneous possession

of several weapons constitutes only one offense under Section

[922(g)].’” United States v. Grinkiewicz, 873 F.2d 253, 255 (11th Cir.

1989) (per curiam) (quoting United States v. Smith, 591 F.2d 1105,

1107 (5th Cir. 1979)), abrogated in part on other grounds by, United

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10 Opinion of the Court 23-11061

States v. Clarke, 822 F.3d 1213 (11th Cir. 2016) (per curiam).

Estadella’s motion indicated that the government joined the

request to dismiss Count 2.

The district court granted Estadella’s unopposed motion

and dismissed Count 2 of the indictment. The district court

sentenced Estadella to concurrent 96-month terms of

imprisonment on Counts 1 and 3.

Estadella timely appealed.

III. STANDARDS OF REVIEW

We review the denial of a motion to suppress under a mixed

standard, reviewing the district court’s factual findings for clear

error and the application of the law to those facts de novo. United

States v. Graham, 123 F.4th 1197, 1238 (11th Cir. 2024) (citing United

States v. Ford, 784 F.3d 1386, 1391 (11th Cir. 2015)).

We review evidentiary rulings under an abuse of discretion

standard. United States v. Akwuba, 7 F.4th 1299, 1313 (11th Cir.

2021). “Because we recognize a significant range of choice for the

district court on evidentiary issues, our review of such rulings is

very limited[,] and we defer to the district court’s decisions to a

considerable extent.” Id. (citation modified).

Generally, we review de novo the denial of a motion for a

judgment of acquittal based on the sufficiency of the evidence.

United States v. Hano, 922 F.3d 1272, 1283 (11th Cir. 2019). “This

Court views the evidence ‘in the light most favorable to the

government, with all reasonable inferences and credibility choices

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23-11061 Opinion of the Court 11

made in the government’s favor.’” United States v. Anderson, 326

F.3d 1319, 1326 (11th Cir. 2003) (quoting United States v. Miles, 290

F.3d 1341, 1355 (11th Cir. 2002) (per curiam)). “But when a

defendant challenges the sufficiency of the evidence on a ground

not argued before the district court, we review for plain error.”

United States v. Al Jaberi, 97 F.4th 1310, 1322 (11th Cir. 2024) (citing

United States v. Baston, 818 F.3d 651, 664 (11th Cir. 2016)).

We typically review de novo a claim of prosecutorial

misconduct. Id. (citing United States v. Horner, 853 F.3d 1201, 1206

(11th Cir. 2017)).

We review de novo claims of cumulative error. United States

v. Green, 158 F.4th 1347, 1365 (11th Cir. 2025) (citing United States

v. Pendergrass, 995 F.3d 858, 881 (11th Cir. 2021)).

“We review de novo the interpretation and application of the

Sentencing Guidelines.” United States v. Kluge, 147 F.4th 1291, 1296

(11th Cir. 2025) (quoting United States v. Dupree, 57 F.4th 1269, 1272

(11th Cir. 2023) (en banc)). The district court’s factual findings at

sentencing, however, are reviewed under the clearly erroneous

standard. United States v. Bergman, 852 F.3d 1046, 1070 (11th Cir.

2017) (citing United States v. Moran, 778 F.3d 942, 959 (11th Cir.

2015)).

IV. MOTION TO SUPPRESS

Estadella contends that the district court erred when it

denied his motion to suppress all evidence discovered during

search of his residence. Particularly, Estadella argues Soriano was

neither a co-occupant nor owner of the West 17th property as of

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12 Opinion of the Court 23-11061

November 30, 2020, meaning Soriano could not provide valid

consent to the initial search of the residence.

The district court held an evidentiary hearing on Estadella’s

motion and heard testimony that provided more detail regarding

both (1) ownership and possession of the West 17th property and

(2) the events leading to the search. We summarize the relevant

testimony and the district court’s findings.

A. Evidentiary Hearing

1. Move Out and Quitclaim Deed

By November 2020, Estadella, his son, Quevedo, and

Soriano lived in the West 17th property. Around a week before

Estadella’s arrest, near Thanksgiving of 2020, Soriano and Estadella

had a disagreement over Estadella’s use of Soriano’s car. Estadella

escalated the disagreement by punching Soriano in the face,

breaking his nose.

Estadella’s violence caused Soriano to move temporarily to

Dianellys’s nearby home. Soriano testified that he feared Estadella,

but felt safe with Dianellys, who took “very good care of” the

elderly Soriano. A relative and her boyfriend helped Soriano move

his bed to Dianellys’s home.

Nonetheless, Soriano’s other furniture, clothing, personal

objects, and even his dogs remained in the West 17th property.

During his testimony, Soriano emphasized that he only intended

to stay with Dianellys “temporarily.”

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On November 23, 2020, Soriano executed a quitclaim deed

conveying his interest in the West 17th property to Dianellys and

one of Dianellys’s daughters. Execution of the deed was witnessed

by two people, and the deed was notarized. Dianellys filed the deed

with Miami-Dade County. As of November 30, the deed was not

yet processed and recorded. Dianellys believed the deed was not

legally effective until it was recorded. Soriano similarly believed he

retained title to the property after his execution of the quitclaim

deed.

2. Obtaining Search Consent on November 30

Detectives Mui, Joseph Elosegui, and Daniel Pelaez testified

and described the events of November 30, 2020, which led to them

seeking and receiving Soriano’s consent to search the West 17th

property. During his initial traffic stop and arrest, Estadella told

Mui that he lived at the West 17th property with his girlfriend, son,

and Soriano. Back at the station, Estadella refused to consent to the

search of the West 17th property. Estadella told the detectives that

his stepfather, Soriano, owned the home.

Detective Pelaez traveled to the West 17th property and was

greeted by Estadella’s juvenile son. Estadella’s son informed Pelaez

that the home belonged to Soriano, who was at a nearby residence.

Pelaez, now joined by Detective Elosegui, went to Dianellys’s

nearby home. The two detectives found Soriano and Dianellys.

While en route, Elosegui searched Miami-Dade County records

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14 Opinion of the Court 23-11061

and verified that Soriano was listed as the owner of the West 17th

property. 1

Soriano informed the two detectives that he owned the

West 17th property, although Soriano mentioned he was

transferring the property to Dianellys via quitclaim deed. Soriano

gave the detectives verbal and written consent to search the entire

West 17th property. Dianellys too gave verbal consent to search

the home.

Soriano accompanied Detectives Elosegui and Pelaez back

to the West 17th property. There, Detective Mui reunited with the

group. Soriano used his key to open the door to the residence and

allow the detectives to enter.

As recounted previously, the discovery of distinctive

clothing seen in the Star Motel surveillance footage caused the

detectives to stop and go obtain several search warrants and

uncover most of the remaining evidence in this case.

B. District Court’s Findings

The district court denied Estadella’s motion to suppress for

at least three alternative reasons. First, the district court found

Soriano had actual authority to consent to a search of the West

17th property as a co-possessor of the property. The district court

credited Soriano and Dianellys’s testimony that Soriano

1 As we noted earlier, the quitclaim deed conveying the West 17th property to

Dianellys and her daughter was not yet recorded. It is not disputed that under

Florida law the deed was effective at the date of execution.

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temporarily left the property only because of Estadella’s physical

attack. The district court reasoned that a defendant could not force

a co-occupant out of a property and then successfully claim the

former co-occupant had lost their co-possessory interest and ability

to consent to search of that property.

Further, the district court found ample evidence supported

a finding that Soriano still resided at and co-possessed the West

17th property, including (1) Estadella’s own statement that Soriano

resided at the property; and (2) testimony that most of Soriano’s

belongings remained at the property. In the district court’s view,

Soriano remained a co-possessor of the West 17th property with

actual authority to provide consent to search on November 30,

2020.

Second, the district court found Soriano’s consent to search

was effective since Soriano had apparent authority over the

property as the purported owner. The district court explained that

officers reasonably believed Soriano owned the West 17th property

based on several facts, including: (1) Estadella, his son, Soriano, and

Dianellys all told the detectives that Soriano owned the property;

(2) Soriano possessed a key to the home and opened the home for

the officers; and (3) Miami-Dade County property records listed

Soriano as the owner of the home.

Third, the district court found Dianellys had consented to

the search as the true owner of the property. In this regard, the

district court concluded that, under Florida law, the quitclaim deed

was effective at the date of execution, regardless of whether the

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16 Opinion of the Court 23-11061

deed was recorded. As of November 30, 2020, Dianellys thus

owned the West 17th property and had actual authority to consent

to the search.

As to both Soriano and Dianellys’s consent, the district court

found that their consent to search the property was unlimited.

Even assuming their consent could not extend to parts of the

house, such as Estadella’s locked office, the district court noted the

detectives obtained a search warrant before entering the locked

office inside the property.

C. The Fourth Amendment and Consent Searches

The Fourth Amendment protects “[t]he right of the people

to be secure . . . against unreasonable searches and seizures.” U.S.

Const. amend. IV. “As the text makes clear, ‘the ultimate

touchstone of the Fourth Amendment is reasonableness.’” United

States v. Harden, 104 F.4th 830, 833 (11th Cir. 2024) (quoting Riley v.

California, 573 U.S. 373, 381 (2014)). The Fourth Amendment

evinces a “strong preference” that searches be performed pursuant

to a warrant, and warrantless searches of a home are presumptively

unreasonable. United States v. Grushko, 50 F.4th 1, 10–11 (11th Cir.

2022) (citing Payton v. New York, 445 U.S. 573, 586 (1980)).

While the “Fourth Amendment generally prohibits the

warrantless entry of a person’s home[,] . . . [t]he prohibition does

not apply . . . to situations in which voluntary consent has been

obtained, either from the individual whose property is

searched . . . or from a third party who possesses common

authority over the premises.” Illinois v. Rodriguez, 497 U.S. 177, 181

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(1990) (citations omitted); see also Fernandez v. California, 571 U.S.

292, 298 (2014) (providing that law enforcement may carry out a

warrantless search when they obtain consent from the sole owner

or occupant of a home).

A consent to search “must be voluntary—not the ‘product

of duress or coercion.’” Dukes v. Sheriff of Levy Cnty., 155 F.4th 1291,

1297 (11th Cir. 2025) (quoting Schneckloth v. Bustamonte, 412 U.S.

218, 227 (1973)). The permissible reach of a consent search is

limited by the scope of the given consent, as understood by a

reasonable person. Florida v. Jimeno, 500 U.S. 248, 251 (1991).

D. Consent and Co-occupants

On several occasions, the Supreme Court has analyzed the

constitutionality of a warrantless search when one occupant

consents to a search of a space shared with another occupant who

(1) objects to the search and (2) later moves to suppress evidence

discovered during the search. See United States v. Matlock, 415 U.S.

164 (1974); Georgia v. Randolph, 547 U.S. 103 (2006); Fernandez, 571

U.S. at 301–07. We review these decisions.

In United States v. Matlock, the Supreme Court held

voluntary consent to search may be “obtained from a third party

who possessed common authority over or other sufficient relationship

to the premises or effects sought to be inspected.” 415 U.S. at 171

(emphasis added). The Supreme Court explained that “common

authority” was not based upon a person’s property interest and,

instead, reasoned:

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18 Opinion of the Court 23-11061

Common authority . . . rests rather on mutual use of

the property by persons generally having joint access

or control for most purposes, so that it is reasonable

to recognize that any of the co-inhabitants has the

right to permit the inspection in his own right and

that the others have assumed the risk that one of their

number might permit the common area to be

searched.

Id. at 171 n.7; see also Randolph, 547 U.S. at 110 (summarizing

Matlock). The Supreme Court later clarified that common

authority could be actual or apparent, and a consent search was not

impermissible if law enforcement reasonably, but mistakenly,

believed the person providing consent had common authority over

the property. Rodriguez, 497 U.S. at 186.

Next came Georgia v. Randolph, where law enforcement

searched a couple’s marital home after the wife “readily gave”

consent for the search, but the physically present husband

“unequivocally refused” to give consent. 547 U.S. at 107. The

Supreme Court turned to “widely shared social expectations” to

assess the Fourth Amendment reasonableness of the search and

noted that a visitor would not feel confident entering a home on

one occupant’s invitation when the “fellow tenant stood there

saying, ‘stay out.’” Id. at 111, 113. Because neither co-occupant had

a superior right vis-à-vis the other, the Supreme Court reasoned

that the objected-to consent was akin to “the absence of any

consent at all.” Id. at 114. The Supreme Court therefore held “that

a warrantless search of a shared dwelling for evidence over the

express refusal of consent by a physically present resident cannot be

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justified as reasonable as to him on the basis of consent given to the

police by another resident.” Id. at 120 (emphasis added).

Then, in Fernandez v. California, the Supreme Court clarified

that Randolph applied only to situations where the objecting

co-occupant is physically present at the premises. Fernandez, 571

U.S. at 294. In other words, a co-occupant’s objection to a search

does not vitiate another co-occupant’s consent when the objecting

occupant is not physically present at the premises. Id. The Supreme

Court also reasoned that it did not matter that the objecting

co-occupant’s absence was caused by an objectively justifiable

arrest. Id. at 302–03.

E. Discussion

We readily conclude, as the district court found, that the

evidence demonstrated that Soriano had actual authority to

consent to the search of the West 17th property.

At the time he consented to the search, Soriano qualified as

a co-occupant with common authority over the West 17th

property. Estadella himself told detectives on November 30, 2020,

that Soriano resided at the property. Soriano possessed a key to the

property. Nearly all of Soriano’s possessions—even his

dogs—remained at the West 17th property. Cf. United States v.

Backus, 349 F.3d 1298, 1301, 1304 (11th Cir. 2003) (concluding wife

retained common authority over home where almost all her

belongings, including her pets, remained in the home). And

Soriano had moved his bed from the property only days earlier.

Soriano testified that his absence from the property was only

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20 Opinion of the Court 23-11061

intended to be temporary. Everyone involved—including

Estadella—believed Soriano owned the property.

These facts clearly show Soriano retained the type of joint

access and control of the West 17th property to provide him with

“common authority” over the property. Cf. Rodriguez, 497 U.S. at

181–82 (stating no common authority over apartment was had by

person who moved out a month prior, left some furniture behind

but was not on the lease, had stolen a key to the apartment, and

never accessed the premises without the leaseholder present). And,

as the district court found, Soriano’s consent was unlimited in

scope and given voluntarily.

Estadella argues that Soriano lacked common authority

over the property because he no longer resided there. That

argument fails because one occupant cannot force a co-occupant

out of a property through physical violence and then successfully

claim the co-occupant lacks common authority over the property.

This Court held as much in United States v. Backus, where a wife

and child fled the marital home due to the husband’s abuse. 349

F.3d at 1304. We refused to “condone and reward violent, abusive

behavior” and, instead, concluded that the wife, who had fled six

months prior, had maintained sufficient common authority over

the marital home to consent to a search of the home. Id. at 1302,

1304–05. Backus applies with equal force here, where the district

court found the elderly Soriano would not have departed the West

17th property but for Estadella’s violence against him.

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Estadella’s argument also fails because Soriano (1) moved

his bed but kept his other possessions, furniture, and dogs at the

West 17th property; (2) retained his key to the property; and

(3) testified he only intended to stay at Dianellys’s temporarily.

Given this evidence, the district court did not err in its finding

Soriano remained a co-resident at the West 17th property.

We conclude that Soriano retained common authority over

the West 17th property despite his brief departure from the

property.

We recognize that Estadella declined to give consent to

search the property before detectives sought out Soriano. But

Estadella’s objection was made at the police station. When Soriano

consented to the search and opened the home for detectives,

Estadella was not physically present at the West 17th property.

Under Fernandez, therefore, Estadella’s objections were ineffectual

and did not prevent detectives from permissibly acting on Soriano’s

consent. That Estadella’s absence was caused by his arrest matters

not, because his arrest was objectively justified for his suspected

role in the Star Motel incident. See Fernandez, 571 U.S. at 302–03.

In sum, we conclude that law enforcement (1) obtained

consent from Soriano, who had common authority over the

property, and thus (2) carried out an initial warrantless search of

the West 17th property consistent with the Fourth Amendment.

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22 Opinion of the Court 23-11061

We therefore affirm the district court’s denial of Estadella’s motion

to suppress. 2

V. ADMISSION OF STAR MOTEL, MOVIE POSTER, AND

YOUTUBE VIDEO EVIDENCE

Estadella argues the district court erroneously admitted

evidence regarding the Star Motel incident, Scarface poster, and

YouTube music video. We disagree and explain why.

A. Background

Pretrial, the government filed an omnibus motion in limine

which, in relevant part, sought to confirm the admissibility of

(1) evidence about the Star Motel incident, (2) the Scarface poster,

and (3) the YouTube music video. Estadella opposed the motion.

At a hearing, the district court granted the part of the motion

relevant here.

The district court first reasoned that evidence relating to the

Star Motel shooting was admissible as intrinsic to Count 1’s felon

in possession of a firearm charge. That count alleged Estadella had

possessed the silver and purple 9mm pistol from November 28,

2020—the date of the Star Motel shooting—to December 1, 2020.

2 Because we conclude that Soriano had actual authority and provided valid

consent to search as a co-occupant with common authority, we need not

address whether (1) Soriano had apparent authority to provide valid consent

as the supposed owner of the property; or (2) Dianellys could provide valid

consent to the search as the true titleholder of the property.

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The district court found that the shooting evidence was

inextricably intertwined with the charged offenses.

Next, the district court found the Scarface poster depicting

Estadella as Tony Montana and displayed in Estadella’s back,

locked office was admissible to show (1) Estadella’s control over

the room where the methamphetamine was found; and (2) that

Estadella, like drug kingpin Tony Montana in Scarface, intended to

distribute the methamphetamine.

The district court also found the YouTube music video,

which showed Estadella surrounded by guns, ammunition, and

drugs in the West 17th property itself, was admissible under Rule

404(b) to show Estadella’s knowledge of drugs in the property,

control over the property, intent, and absence of surprise or

mistake.

B. Star Motel

For starters, the district court did not abuse its discretion in

admitting evidence of the Star Motel incident as intrinsic to the

firearm charges against Estadella.

“Evidence is admissible as intrinsic if it is either ‘(1) an

uncharged offense which arose out of the same transaction or

series of transactions as the charged offense, (2) necessary to

complete the story of the crime, or (3) inextricably intertwined

with the evidence regarding the charged offense.’” United States v.

Beasley, 160 F.4th 1199, 1207 (11th Cir. 2025) (quoting United States

v. Troya, 733 F.3d 1125, 1131 (11th Cir. 2013)).

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Evidence of the Star Motel incident was inextricably

intertwined with evidence relevant to Estadella’s firearm charges.

See Fed. R. Evid. 401 (providing that evidence is relevant when it

has any tendency to make a fact of consequence more or less

probable). Surveillance video from the motel depicted an

individual suspect who resembled Estadella wielding a small

firearm of similar appearance to the Springfield Armory .380 caliber

pistol later discovered in his home and charged in Count 2. And

that suspect’s partner carried and discharged the silver and purple

Taurus 9mm charged in Count 1. Other evidence about the white

van tied Estadella to the shooting. The Star Motel evidence thus

was probative of when and how Estadella came to possess one or

both of the firearms charged in the indictment. The events at the

Star Motel could not be separated from evidence regarding the

firearms.

Additionally, the Star Motel incident was both (1) the first

step in the “chain of events” of this case and (2) necessary to

complete the story of how and why detectives zeroed in on

Estadella, took him into custody, searched his home, and

discovered almost all the evidence in this case. See United States v.

Edouard, 485 F.3d 1324, 1344 (11th Cir. 2007) (stating evidence

“pertaining to the chain of events explaining the context, motive[,]

and set-up of the crime” may be admitted (quoting United States v.

McLean, 138 F.3d 1398, 1403 (11th Cir. 1998))).

Contrary to Estadella’s arguments, the Star Motel evidence

was not unduly prejudicial nor unnecessarily cumulative. Evidence

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may be excluded when “its probative value is substantially

outweighed by a danger of . . . unfair prejudice . . . or needlessly

presenting cumulative evidence.” Fed. R. Evid. 403.

Here, the district court made a finding that the probative

value of the Star Motel evidence was not substantially outweighed

by the risk of unfair prejudice. As the district court reasoned, the

risk of undue prejudice was somewhat low because the Star Motel

incident did not involve an injury or death of a victim or any

graphic crime scene evidence. The district court further mitigated

the risk of unfair prejudice by instructing the jury (1) not to

consider the shooting to determine Estadella’s guilt; and

(2) disregard one witness’s characterization of the incident as a

“kidnapping.” We also reject Estadella’s claim that the government

presented needlessly repetitive evidence of the Star Motel incident.

For all these reasons, the district court did not abuse its

discretion in admitting evidence of the Star Motel incident.

C. Movie Poster

Estadella primarily argues that the movie poster lacks

probative value and is extremely prejudicial. See Fed. R. Evid. 403.

Estadella is wrong on both fronts. The district court did not abuse

its discretion when it admitted the Scarface poster.

As noted, a small Scarface poster sat atop a mess of files on

the desk in the locked back office of the West 17th property.

Estadella’s face was superimposed over the face of Al Pacino, who

portrayed the fictional drug kingpin Tony Montana.

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The poster depicting Estadella was highly relevant.

Estadella’s defense rested, in part, on the lack of evidence that

Estadella actually possessed the methamphetamine during the

timeframe charged in the indictment. The poster helped show

Estadella controlled the back room where the methamphetamine

was found. Like signage for Estadella’s business or documents

bearing his name, the placement of such personalized décor on the

desk demonstrated (1) it was Estadella who controlled the locked

back office; and (2) Estadella controlled the methamphetamine

therein. Cf. United States v. Ochoa, 941 F.3d 1074, 1105 (11th Cir.

2019) (concluding presence of defendant’s phone, identification

cards, and travel papers was sufficient evidence to support finding

defendant controlled a shared residence’s bedroom and

constructively possessed ammunition found therein). The Scarface

poster had relevant probative value on a key factual dispute

presented to the jury.

The Scarface poster’s probative value was not substantially

outweighed by the risk of unfair prejudice. As Estadella contends,

it may be true that the movie Scarface contains (1) gruesome

violence; (2) offensive portrayals of Cuban-Americans; and (3) a

huge amount of violent drug trafficking. None of that violence is

on the poster itself. While the poster may be damaging to

Estadella’s innocence claims, its prejudicial effect was not “unfair.”

See United States v. Kapordelis, 569 F.3d 1291, 1313 (11th Cir. 2009)

(stating that “[d]emonstrating that a piece of evidence is prejudicial

is not enough to warrant exclusion under Rule 403” because

evidence must create risk of unfair prejudice). The risk of prejudice

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from the movie’s contents, if any, was slight since its contents were

not shown. Plus, as the district court reasoned, many people today

are not familiar with that 1983 movie.

The district court even indicated it was willing to entertain

giving a cautionary instruction regarding at least some of

Estadella’s concerns, but Estadella never requested such an

instruction.

Estadella has shown no abuse of discretion in the district

court’s admission of the Scarface poster.

D. YouTube Music Video

Estadella contends that the YouTube music video was

irrelevant to the crimes charged and extremely prejudicial. As

explained earlier, the music video depicts Estadella and others

playing poker at a table covered in poker chips and firearm

magazines. Detective Mui identified Estadella as in the video. The

singer raps in Spanish and holds a pistol. The video includes a

close-up shot of a plate covered by suspected narcotics. Dianellys

testified that Estadella’s hands held the plate, although Estadella’s

body and face were not visible at that point in the video.

Evidence of a defendant’s “other crime, wrong, or act is not

admissible to prove a person’s character in order to show that on a

particular occasion the person acted in accordance with the

character.” Fed. R. Evid. 404(b)(1). But, among other permissible

purposes, such evidence may be admitted to prove a defendant’s

intent. Fed. R. Evid. 404(b)(2). To be admissible, other acts

evidence

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must satisfy a three-part test: “(1) it must be relevant

to an issue other than defendant’s character; (2) there

must be sufficient proof to enable a jury to find by a

preponderance of the evidence that the defendant

committed the act(s) in question; and (3) . . . the

evidence must satisfy Rule 403.”

United States v. Cenephat, 115 F.4th 1359, 1365 (11th Cir. 2024) (per

curiam) (quoting Edouard, 485 F.3d at 1344).

The music video meets all three criteria. First, as the district

court found, the music video was relevant for permissible,

non-character purposes, including Estadella’s knowledge of guns

and drugs in the West 17th property, intent, and absence of surprise

or mistake.

Second, the government introduced sufficient evidence to

allow a reasonable jury to conclude that (1) Estadella appeared in

the music video; (2) the music video was filmed in the West 17th

property; and (3) the music video contained ammunition and

narcotics. The government played the music video for the jury.

Detective Mui testified that he recognized Estadella in the video

based on distinctive tattoos. Mui also identified the house in the

video as the West 17th property he searched with other detectives.

Mui said the video showed rifle magazines and “suspected

narcotics.”

Third, turning to Rule 403, the probative value of the music

video was not substantially outweighed by the danger of unfair

prejudice. See Fed. R. Evid. 403.

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Estadella’s brief cursorily contends that the music video is

irrelevant and could cause the jury to be “misled.” This Court has

considered rap music videos in prior cases, two of which we

discuss. See United States v. Gamory, 635 F.3d 480, 494 (11th Cir.

2011); United States v. Jones, 166 F.4th 92, 104-05 (11th Cir. Jan. 22,

2026).

Consider Gamory, a cocaine and marijuana distribution and

money laundering case. 635 F.3d at 485. The rap music video

introduced at that trial contained lyrics that (1) “deal[t] with drugs,

sex, profanity, degradation of women, firearms, and threats of

violence against the police and public”; and (2) “could reasonably

be understood as promoting a violent and unlawful lifestyle.” Id. at

488, 493. Critically, the defendant (Gamory) did not appear in the

video, which meant it therefore lacked probative value of the

defendant’s guilt. Id. at 493. Our Court also pointed out that there

was no evidence “that Gamory authored the lyrics or that the views

and values reflected in the video were, in fact, adopted or shared

by Gamory.” Id.

Although holding the music video in Gamory should have

been excluded under Rule 403, this Court affirmed the defendant’s

convictions because other evidence established the defendant’s

guilt, the video was cumulative, and the error was harmless. Id. at

494.

Now consider Jones, where the defendant was in the music

video. The district court admitted (1) a 29-second video showing

the defendant rapping and wielding a gun; (2) screenshots from a

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video showing cash, drugs, and the defendant handling various

firearms; and (3) a note from the defendant’s phone featuring

violent rap-music lyrics. Jones, 166 F.4th at 104. The defendant

argued the government had not shown the guns, drugs, and cash

depicted were even real. Id. The Jones Court agreed with the

government that the evidence met the low bar of relevancy under

Rule 401 to make a fact more or less probable. Id. But the Court

emphasized that the video’s relevance was limited because the

government’s witnesses could not tell whether the firearms

depicted were real or props. Id.

Ultimately, as to Rule 403’s balancing test, our Court

said: “We needn’t definitively decide the Rule 403 issue, though,

because we hold that any error in admitting the rap-related

evidence was harmless.” Id. The Court reasoned that (1) “the

government presented substantial proof, rap-related items aside,

that [the defendant] knowingly possessed the two [firearms] at

issue here”; and (2) “the jury was presented with ample evidence

to convict” the defendant. Id. at 105.

In this case, however, Estadella not only appears in the

music video, but also is shown handling narcotics and sitting in

near proximity to guns and ammo at the West 17th property where

guns and drugs were later found. This video is highly probative for

showing Estadella knowingly possessed both the guns and drugs at

the West 17th property as charged in the indictment. See United

States v. Jernigan, 341 F.3d 1273, 1281–82 (11th Cir. 2003) (collecting

cases to conclude prior possession of a weapon can show the

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defendant knowingly possessed a weapon on later occasion),

abrogated in part on other grounds by, Rehaif v. United States, 588 U.S.

225 (2019).

The district court also limited the jury’s consideration of this

music video to “whether or not the defendant had the state of mind

to commit the crimes that are charged in the indictment.” That

instruction, which we “presume that [the] jurors follow[ed],”

limited the risk that the video would be used for impermissible

character or propensity purposes. United States v. Macrina, 109 F.4th

1341, 1350 (11th Cir. 2024).

At bottom, we cannot say that the district court abused its

discretion in admitting the YouTube music video under Rule 403

and 404(b).

VI. SUFFICIENCY OF THE EVIDENCE

Estadella argues that the district court erred by denying his

Rule 29 motion for a judgment of acquittal as to Count 3’s charge

of possession of methamphetamine with intent to distribute.

Estadella contends the government introduced insufficient

evidence to prove that Estadella (1) knowingly possessed

methamphetamine found in the West 17th property, and

(2) intended to distribute the methamphetamine. Estadella’s

arguments wholly lack merit. Table setting is helpful first.

A. Standard of Review

The appellate standard of review of a denial of a Rule 29

motion for judgment of acquittal depends on whether a defendant

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32 Opinion of the Court 23-11061

raised that specific ground for acquittal before the district court. See

Al Jaberi, 97 F.4th at 1322.

The parties do not dispute that Estadella’s Rule 29 motion

as to Count 3 argued there was insufficient evidence that he

possessed the methamphetamine found in the West 17th property.

Estadella advances that same argument on appeal, and we

accordingly review it de novo. See Hano, 922 F.3d at 1283; United

States v. Green, 158 F.4th 1347, 1364 (11th Cir. 2025) (“[W]e review

a preserved challenge to the sufficiency of the evidence de novo.”

(citing United States v. Azmat, 805 F.3d 1018, 1035 (11th Cir. 2015))).

The parties dispute, however, whether Estadella’s Rule 29

motion argued there was insufficient evidence that he had an intent

to distribute methamphetamine. We need not resolve that

disagreement. Regardless of the standard of review—de novo or

plain error—we conclude that the district court properly denied

Estadella’s Rule 29 motion as to proof of his intent to distribute the

methamphetamine. We discuss possession and then intent.

B. Possession

The evidence amply supported the jury’s finding that

Estadella possessed the methamphetamine charged in the

indictment.

Estadella stresses that, at the time of his arrest during a traffic

stop, he was not physically present at the West 17th property

where the drugs were found. This matters not because the

evidence proved Estadella constructively possessed the drugs at

that property by having “dominion and control over . . . the

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premises on which the drugs [were] concealed.” United States v.

Butler, 117 F.4th 1309, 1321 (11th Cir. 2024) (quoting United States

v. Gamboa, 166 F.3d 1327, 1331 (11th Cir. 1999)). Multiple witnesses

testified that Estadella resided at the West 17th property.

Distinctive clothing seemingly worn by Estadella at the Star Motel

shooting two days earlier was found at the property, including a

“Miami” baseball cap that contained Estadella’s DNA.

Moreover, Estadella exercised unique control over the back

room and the methamphetamine within. Dianellys testified that

Estadella placed a keypad lock on the door and used the space as

an office. Estadella’s office contained (1) signage and records for

Estadella’s business, J&M Electric; and (2) the Scarface poster

depicting Estadella over the face of Al Pacino as Tony Montana.

The jury could have reasonably, and easily too, concluded

Estadella controlled the back office and, therefore, knowingly

possessed the drugs therein.

C. Intent to Distribute

Similarly, the evidence fully supported the jury’s finding that

Estadella intended to distribute the methamphetamine in his office.

Estadella possessed a large quantity of

methamphetamine—over 30 grams. See United States v.

Cabezas-Montano, 949 F.3d 567, 596 (11th Cir. 2020) (“[W]e may

infer a defendant’s intent to distribute from the large quantity of

narcotics seized.”). Detective Gato and Special Agent Shaun Perry

testified that amount was consistent with distribution, rather than

personal use.

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34 Opinion of the Court 23-11061

Estadella also possessed what Gato described as “basically

everything that someone would need to sell or distribute

narcotics”: numerous small baggies, spoons, and scales. All this

evidence suggests that Estadella intended to traffic the drugs he

possessed.

In his briefing, Estadella tries to portray the

methamphetamine recovered as a small amount for personal use

by Estadella and his girlfriend, who are both methamphetamine

addicts. The jury heard that argument during closing arguments

and rejected it by returning a guilty verdict on Count 3. At this

stage, we need not conclude that the evidence refutes every one of

Estadella’s possible theories of his innocence because our only task

on sufficiency-of-the-evidence review is to determine “whether a

jury reasonably could have found guilt beyond a reasonable

doubt.” United States v. Moran, 57 F.4th 977, 981 (11th Cir. 2023)

(citation modified); United States v. Waymer, 55 F.3d 564, 570 (11th

Cir. 1995). A jury could have reasonably done so here.

In short, sufficient evidence supported the jury’s finding that

Estadella possessed methamphetamine with the intent to

distribute, and we discern no error in the district court’s denial of

Estadella’s Rule 29 motion as to Count 3.

VII. PROSECUTORIAL MISCONDUCT

Estadella contends that the district court erred by overruling

his objection to a comment made by the prosecutor during the

government’s rebuttal argument. Again, we disagree.

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During the government’s rebuttal argument to the jury, the

prosecutor highlighted that Estadella’s closing argument was

devoid of a detailed argument that Estadella had not possessed the

guns underlying Counts 1 and 2. In full, the prosecutor said:

Now, let’s start with what didn’t get covered a lot,

although at the end, counsel talked a little bit about

the guns, and only a little I suspect because try as he

might to try to cast some doubt on what you saw with

your own eyes, what was scientifically proven to you,

forensically, photographically, through surveillance

videos, it’s impossible to defend the indefensible.

Estadella’s counsel objected to “personal innuendos,” but the

district court overruled the objection.

Prosecutorial misconduct occurs when a prosecutor makes

remarks that “(1) were improper and (2) prejudiced the defendant’s

substantive rights.” United States v. Spila, 136 F.4th 1296, 1306 (11th

Cir. 2025) (quoting United States v. Foley, 508 F.3d 627, 637 (11th Cir.

2007)). “A prosecutor’s remarks, suggestions, insinuations, and

assertions are improper when they are calculated to mislead or

inflame the jury’s passions.” Azmat, 805 F.3d at 1044 (citing United

States v. Rodriguez, 765 F.2d 1546, 1560 (11th Cir. 1985)). A

defendant’s substantial rights are prejudicially affected by an

improper remark “when there is a reasonable probability that, but

for the improper comments, the result of the trial would have been

different.” Id. (citing United States v. Lopez, 590 F.3d 1238, 1256 (11th

Cir. 2009)).

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36 Opinion of the Court 23-11061

We comfortably conclude the prosecutor’s comment during

rebuttal argument was a permissible comment on the weight of the

evidence. See Al Jaberi, 97 F.4th at 1329 (reasoning that prosecutors

“may state conclusions drawn from the evidence” (quoting United

States v. Bailey, 123 F.3d 1381, 1400 (11th Cir. 1997))); United States

v. Tisdale, 817 F.2d 1552, 1556 (11th Cir. 1987) (holding argument

regarding weight of evidence was not improper). Contrary to

Estadella’s strained interpretations, the prosecutor’s comment was

neither an attack on defense counsel nor an affront to Estadella’s

right to present a complete defense. Simply put, the prosecutor’s

comment was not improper.

Even if the prosecutor’s comment was improper—and we

do not mean to suggest it was—the comment did not create a

reasonable possibility of a different outcome in Estadella’s trial.

The jury had ample evidence of Estadella’s guilt on Counts 1, 2,

and 3. Plus, the district court instructed the jury that the lawyers’

statements were neither evidence nor binding on their decision.

The comment did not prejudice Estadella’s substantial rights.

Accordingly, we discern no error in the district court

overruling Estadella’s objection to the prosecutor’s comments.

VIII. CUMULATIVE ERROR

Estadella argues that the cumulative error doctrine applies

to his case. “The cumulative-error doctrine calls for reversal of a

conviction if, in total, the non-reversible errors result in a denial of

the constitutional right to a fair trial.” Green, 158 F.4th at 1365

(quoting Pendergrass, 995 F.3d at 881). Of course, there can be no

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cumulative error where there is no error or only a single error. Id.

at 1373. Because Estadella has shown no error in any of the district

court’s rulings, there is no cumulative error.

IX. SENTENCE

Estadella contends the district court applied an incorrect

base offense level by holding him responsible for a quantity of “ice”

methamphetamine, rather than merely a mixture containing

methamphetamine. We do not agree.

A. Presentence Investigation Report

A probation officer prepared a presentence investigation

report (“PSI”) using the 2021 Sentencing Guidelines Manual.

Pursuant to U.S.S.G. § 3D1.2, the PSI grouped Estadella’s firearm

and drug convictions on Counts 1 and 3 together. The PSI then

used the higher base offense level for Count 3’s 21 U.S.C.

§ 841(a)(1) drug conviction to determine Estadella’s total offense

level.

The PSI calculated a total offense level of 28, consisting of:

(1) a base offense level of 26 based on between 20 and 35 grams of

“ice”, pursuant to U.S.S.G. § 2D1.1(a)(5) and (c)(7); and (2) a

two-level increase for possession of a dangerous weapon, pursuant

to U.S.S.G. § 2D1.1(b)(1). With a total offense level of 28 and a

criminal history category of I, the PSI calculated Estadella’s

advisory guidelines imprisonment range to be 78 to 97 months.

Estadella objected to the PSI’s application of a base offense

level of 26. Estadella countered that the 28.3 grams of narcotics

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38 Opinion of the Court 23-11061

described in the PSI should be treated as a mixture containing

methamphetamine, as opposed to actual methamphetamine or ice.

If sustained, the objection would lower Estadella’s base offense

level from 26 to 18, since § 2D1.1’s drug quantity table provides

higher base offense levels for actual methamphetamine or ice as

compared to equal quantities of a less pure methamphetamine

mixture. U.S.S.G. § 2D1.1(c)(7), (11). 3 “Ice” is a purer form of

methamphetamine and “means a mixture or substance containing

d-methamphetamine hydrochloride of at least 80% purity.” Id.

§ 2D1.1(c).

Estadella also moved for a downward variance, reasoning

that the Sentencing Commission’s rationale for assigning higher

offense levels to higher purity methamphetamine no longer serves

its intended purpose. Estadella took issue with the commentary to

§ 2D1.1 that suggested upward departures may be appropriate

based on drug purity because:

The purity of the controlled substance . . . may be

relevant in the sentencing process because it is

probative of the defendant’s role or position in the

chain of distribution. Since controlled substances are

often diluted and combined with other substances as

they pass down the chain of distribution, the fact that

a defendant is in possession of unusually pure

narcotics may indicate a prominent role in the

3 Estadella also objected to the PSI’s application of a two-level increase for

firearm possession, but he does not raise any issues on appeal as to that

two-level increase under U.S.S.G. § 2D1.1(b)(1).

USCA11 Case: 23-11061 Document: 74-1 Date Filed: 02/20/2026 Page: 39 of 43

23-11061 Opinion of the Court 39

criminal enterprise and proximity to the source of the

drugs.

Id. § 2D1.1 cmt. n.27(C) (2021). In essence, Estadella says high

purity methamphetamine has become cheaper and widely

available, making purity a poor indicator of culpability. Estadella

thus sought a sentence below his advisory guidelines range.

B. Sentencing Hearing

At Estadella’s sentencing hearing, the district court

overruled Estadella’s objection to the base offense level used in the

PSI. Estadella’s counsel tried to clarify that his argument rested on

the fact the indictment charged Estadella with possessing a

“mixture” of methamphetamine, rather than “actual” or “ice”

methamphetamine. The district court found the net weight of

actual methamphetamine or ice could nonetheless determine the

base offense level since the indictment charged “the general

crime,” and trial evidence showed Estadella had possessed 31

grams of methamphetamine with 93% purity. Therefore, the

substance qualified as ice and weighed between 20 and 35 grams,

within § 2D1.1(c)(7)’s range that called for a base offense level of

26.

The district court declined to vary from the advisory

guidelines range of 78 to 97 months of imprisonment. The district

court rejected Estadella’s argument that drug purity should not

affect the sentence, reasoning that a higher purity drug is more

potent, more dangerous, more addictive, and more lethal. The

USCA11 Case: 23-11061 Document: 74-1 Date Filed: 02/20/2026 Page: 40 of 43

40 Opinion of the Court 23-11061

district court found no reason to disregard the advisory guidelines

range and vary downward.

The district court sentenced Estadella to concurrent

96-month terms of imprisonment on Counts 1 and 3.

C. Discussion

As to drug quantity, the district court properly applied a base

offense level of 26 under U.S.S.G. § 2D1.1(c)(7).

Guidelines section 2D1.1 determines the offense level for

possession with intent to distribute convictions under 21 U.S.C.

§ 841(a)(1). U.S.S.G. app. A. Section 2D1.1’s drug quantity table, in

turn, sets base offense levels for different controlled substances and

substance quantities. Id. § 2D1.1(a)(5). As relevant here, a

defendant possessing between 20 and 35 grams of actual

methamphetamine or ice receives a base offense level of 26.

Id. § 2D1.1(c)(7). As opposed to these pure forms of

methamphetamine, a defendant possessing between 20 and 35

grams of a “mixture or substance containing a detectable amount

of” methamphetamine receives a base offense level of 18.

Id. § 2D1.1(c)(11), n.(A).

Estadella has not shown that the district court’s finding he

possessed between 20 and 35 grams of ice was unsupported by the

evidence. To the contrary, the district court recounted DEA

forensic chemist Manuel Febo’s trial testimony that the substances

recovered from Estadella’s office were 31 grams of 93% pure

methamphetamine. The purity causes the substance to qualify as

“ice,” and the quantity falls within the range set out in

USCA11 Case: 23-11061 Document: 74-1 Date Filed: 02/20/2026 Page: 41 of 43

23-11061 Opinion of the Court 41

§ 2D1.1(c)(7). The district court did not err by applying

§ 2D1.1(c)(7) and assigning Estadella a base offense level of 26.

Estadella’s policy argument that the Guidelines unjustifiably

provide for harsher sentences for higher purity methamphetamine

has no bearing on the calculation of his base offense level. Estadella

made that argument to the district court in his motion for a

downward variance, and the district court rejected it. Estadella

does not challenge the denial of a variance. So, we do not review

that decision here. We decline to disturb Estadella’s 96-month

sentence.

X. CONCLUSION

We AFFIRM Estadella’s two convictions and his sentence.

AFFIRMED.

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1 JORDAN, J., Concurring 23-11061

JORDAN, Circuit Judge, Concurring:

I join all of Judge Hull’s opinion for the court with the ex-

ception of Parts IV.E and VII, as to which I concur in the judgment.

I would reject Mr. Estadella’s challenge to the denial of his motion

to suppress the evidence found at the West 17th Street property on

a different ground. As for Mr. Estadella’s challenge to the prosecu-

tor’s comment during rebuttal closing, I would hold only that the

comment, if error, was harmless given the evidence presented by

the government.

The district court denied Mr. Estadella’s motion to suppress

based on alternative rationales. First, Mr. Soriano had the actual

authority to consent to a search because he was a co-possessor of

the property. Second, the officers reasonably relied on Mr. So-

riano’s apparent authority over the property. Third, Dianellys had

authority to consent to a search because under Mr. Soriano’s quit-

claim deed—which became effective on the date of execution—she

was the owner of the property.

In the Eleventh Circuit, “[t]o obtain reversal of a district

court judgment that is based on multiple, independent grounds, an

appellant must convince us that every stated ground for the judg-

ment against him is incorrect.” Sapuppo v. Allstate Floridian Ins. Co.,

739 F.3d 678, 680 (11th Cir. 2014). “When an appellant fails to chal-

lenge properly on appeal one of the grounds on which the district

court based its judgment, he is deemed to have abandoned any

challenge of that ground, and it follows that the judgment is due

to be affirmed.” Id. (citing Little v. T-Mobile USA, Inc., 691 F.3d 1302,

USCA11 Case: 23-11061 Document: 74-1 Date Filed: 02/20/2026 Page: 43 of 43

23-11061 JORDAN, J., Concurring 2

1306 (11th Cir. 2012)). In his initial brief, Mr. Estadella did not chal-

lenge the district court’s third rationale—that Dianellys had author-

ity to consent to a search. Because that rationale stands, Mr. Es-

tadella’s suppression argument fails.

Moving on to the prosecutor’s statement during rebuttal

closing that “it’s impossible to defend the indefensible,” it is an

open question whether that type of remark should be viewed as a

fair comment on the evidence or an implicit attack on defense

counsel. Cf. United States v. Nunez, 532 F.3d 645, 653 (7th Cir. 2008)

(reviewing a prosecutor’s statement “that defense counsel had a dif-

ficult job, but that ‘he’s stuck with his client in the case,’” for plain

error and finding no impropriety because, when taken in context,

the statement “struck at the weakness of the defense” rather than

attacking defense counsel); Demirdjian v. Gipson, 832 F.3d 1060, 1070

(9th Cir. 2016) (holding, in a habeas corpus case, that the prosecu-

tor’s statements calling the defense’s theory “smoke and mirrors”

“arguably were ‘directed to “the strength of the defense on the

merits”’ and thus were not an impermissible ‘ad hominem attack on

defense counsel’” but describing it as a close case). My preference

is to hold, as the court ultimately does, that the statement was at

most harmless error due to the strength of the evidence presented

by the government. Cf. Tarpley v. Duer, 841 F.2d 359, 361 (11th Cir.

1987) (holding, in a habeas corpus case, that the prosecutor calling

a defense theory “unbelievable” and asking how low defense coun-

sel would go did not deprive the defendant of a fair trial under due

process principles, in part because of the trial court’s curative in-

structions).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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