Romero v. United States

159 F. Supp. 3d 1275, 2015 WL 9943228
CourtDistrict Court, D. New Mexico
DecidedSeptember 30, 2015
DocketCV 14-640 MV/WPL
StatusPublished
Cited by4 cases

This text of 159 F. Supp. 3d 1275 (Romero v. United States) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Romero v. United States, 159 F. Supp. 3d 1275, 2015 WL 9943228 (D.N.M. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

MARTHA VASQUEZ, United States District Judge

THIS MATTER comes before the Court on United States’ Motion to Dismiss for Failure to State a Claim and Memorandum in Support [Doc. 48]. The Court, having considered the motion, briefs, and relevant law, and being otherwise fully informed, finds that the motion is well-taken and will be granted.

BACKGROUND

The facts as alleged by Plaintiff in his First Amended Complaint [Doc. 23] are as follows. Plaintiff, Aaron Romero, is a lifelong resident of Las Vegas, New Mexico. After experimenting with alcohol and marijuana since his early high school years, Plaintiff started using crack cocaine the night before his high school graduation in May of 1994; for the next 17 years, his addiction to crack dominated his life. Doc. 23 (Compl.) ¶¶ 37, ¶ 39. As a result of his daily drug use, in 1998, his girlfriend left him, taking their two children with her. [1277]*1277Id. ¶¶ 44-45. Although Plaintiff attended an inpatient drag treatment program in 1999, .within one week of his discharge from treatment, he resumed his daily use of crack. Id. ¶¶ 48-49.

In 2007, Plaintiff moved in with his girlfriend, Theresa Saiz, a recovering crack addict. Id. ¶¶ 51-52. The two remained “clean” for a “long period of time” between 2007 and 2008, but resumed their daily use of crack at some point in 2008. Id. ¶¶ 52-53. As a result, Plaintiff lost his job at his family business, and was thereafter unable to maintain regular employment. Id. 111154-55.

In order to support his drug addiction, Plaintiff did, inter alia, “side jobs” for known drug traffickers, in exchange for payment in the form of crack or cash; if he received cash, he would immediately use it to purchase crack. Id. ¶ 57. In 2010, through a local drag trafficker, Plaintiff met Cesario, who was a customer of the trafficker. Id. ¶ 58. Toward the end of 2010, that trafficker left two grams of crack at Plaintiffs residence, and instructed Plaintiff not to use it. Id. ¶¶ 63-64. Plaintiff, however, used the crack. Id. ¶ 65. After the incident and because of Plaintiffs “severe addiction”-to crack, the trafficker refused to provide or sell crack to Defendant. Id. ¶ 70.

“[I]n an effort to establish a reliable process to obtain crack for his own use,” Plaintiff suggested that Cesario stop purchasing crack from that drug trafficker, and instead purchase crack through Plaintiff from other local drag traffickers; as payment for Plaintiffs brokering of the drag transactions, Plaintiff suggested that Cesario provide him with a small amount of crack. Id. ¶¶ 71-72. Cesario, “in reaction,” agreed to Plaintiffs suggestion, and sometime in 2010 or 2011, began to use Plaintiff two or three times a week as a broker to purchase crack. Id. ¶ 73. As payment for his brokering of the drag transactions, Cesario gave Plaintiff a “one or two day supply” of crack for his personal use. Id. ¶ 74. This “brokerage and consumption relationship” continued for six or seven months, until “mid-summer 2011.” Id. ¶75.

In mid-summer 2011, Cesario disappeared. Id. ¶ 77. Despite “frantically” attempting for several days to obtain crack, without Cesario, none of the local drug traffickers or users were willing to supply Plaintiff with crack. Id. ¶¶ 78-80. As a result of his inability to obtain crack, from mid-summer 2011 to mid-November 2011, Plaintiff did not use crack. Id. ¶ 84.

“As the fog of addiction gradually receded over a period of several weeks during the summer of 2011,” Plaintiff “began to focus slowly on the hope and belief of recovery” from his addiction, and “began to attempt to rehabilitate gradually his relationships with his parents, siblings, and children.” Id. ¶¶ 82-83. He was “able to refrain from continued, desperate attempts • to procure crack,” and by mid-October 2011, “believed in his self-rehabilitation through the forced cessation of consumption of crack” and his “renewed effort to repair his mental and physical health— enhanced by the inspiration of reconciliation of his personal relationships.” Id. ¶¶ 84-85.

Mending his family ties “was a more difficult undertaking than [he] had imagined.” Id. ¶ 87. By mid-November 2011, “the high degree of distrust exhibited by [Plaintiffs] family members (regarding the potential relapse of addiction to [crack]) receded slightly, and the persistent craving for [crack] moderated to a tolerable level.” Id. ¶ 88. Plaintiff “was -struggling to meet the demands of everyday life, together with the grueling but increasingly successful effort to heal the relationship with his children and other family members.” Id. ¶ 90.

[1278]*1278In October 2011, Cesario reappeared in Las Vegas. Unbeknownst to Plaintiff, the DEA had brought Cesario back to Las Vegas to work as a confidential informant in connection with “Operation Smack City,” an Organized Crime Drug Enforcement Task Force (“OCDETF”) and High Intensity Drug Trafficking Area (“HID-TA”) investigation of drug traffickers in Las Vegas, New Mexico. Id. ¶¶ 90-92. Defendants Castleberry and Whelan were the primary case agents on the investigation. Id. ¶ 99. Defendant Mayfield supervised Castleberry and Whelan, Defendant Brown supervised Mayfield, and Defendant Arabit supervised Brown. Id. ¶¶ 105-118.

Upon his return to Las Vegas, Cesario, in his role as a DEA confidential informant, contacted Plaintiff, and asked Plaintiff to “restart” the crack “brokerage and consumption relationship,” noting that he would “start coming in for bigger amounts because he had sold a trailer.” Id. ¶ 125. Initially, Plaintiff rejected Cesario’s invitation, and told Cesario that he “was clean and intended to remain clean.” Id. ¶ 126. At the direction of Defendants, Cesario continued to engage Plaintiff numerous times over the next few days and weeks to restart the crack brokerage and consumption relationship. Id. ¶ 127.

During the week of Thanksgiving, 2011, Cesario again approached Plaintiff with a “seductive and alluring offer”: “if you score [crack] for me, I will hook you up sick”, meaning that if Plaintiff purchased crack for him, Cesario would pay Plaintiff “a large amount” of crack as a broker fee. Id. ¶ 128. “As a result of the seductive allure of the offer of a large amount of Crack Cocaine (generated and fueled by nearly two decades of addiction to Crack Cocaine ...), compounded by the stress to meet the demands of everyday life and the arduous effort to heal the relationship with his children and other family members,” Plaintiff agreed to “act as a broker to obtain Crack Cocaine in return for payment of a large amount” of crack for his personal use. Id. ¶ 129.

Accordingly, on November 30, 2011, Plaintiff brokered a transaction in which he purchased one quarter of an ounce of crack for Cesario and another confidential informant, Jason. With Defendants’ knowledge and approval, Cesario and Jason provided Plaintiff with a “large portion” of the crack. Id. ¶ 130. Plaintiff used the crack over a period of two days, resulting in the “resurrection” of his “crippling” crack addiction. Id. ¶ 132.

A few days later, Cesario contacted Plaintiff to arrange for the purchase of $40 to $50 worth of crack, in exchange for payment to Plaintiff in the form of crack for his personal use. Id. ¶ 134. Thereafter, “this pattern of arrangement of the acquisition of $40-$50 worth of Crack Cocaine to 1/3 ounce of Crack Cocaine for Cesario in exchange for payment of Crack Cocaine to [Plaintiff] for consumption continued 2-3 times per week from early December 2011 through May 2012.” Id. ¶ 148.

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Cite This Page — Counsel Stack

Bluebook (online)
159 F. Supp. 3d 1275, 2015 WL 9943228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romero-v-united-states-nmd-2015.