United States v. Abreu-Jimenez

535 F. App'x 860
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 4, 2013
Docket11-15517
StatusUnpublished
Cited by2 cases

This text of 535 F. App'x 860 (United States v. Abreu-Jimenez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Abreu-Jimenez, 535 F. App'x 860 (11th Cir. 2013).

Opinion

PER CURIAM:

After a jury trial, defendant Ariel Valdes appeals his convictions and sentences for conspiracy and attempt to possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 846, and 18 U.S.C. § 2; conspiracy and attempt to commit a Hobbs Act robbery, in violation of 18 U.S.C. §§ 1951(a), (b)(1), and 2; using a firearm in relation to a crime of violence and a drug trafficking crime, in violation of 18 U.S.C. §§ 924(c)(1)(a) and 2; and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1).

As to his convictions, Valdes argues that the district court abused its discretion by admitting evidence of Valdes’s prior bad acts. As to his sentences, Valdes contends that the district court did not comply with 21 U.S.C. § 851(b) because it did not ask him at sentencing whether he admitted the existence of the prior conviction used to enhance his sentences for the drug offenses. After review, we affirm Valdes’s convictions and sentences.

I. FACTS AND PROCEDURAL HISTORY

We begin by setting forth the details of Valdes’s arrest based on the evidence introduced at his trial. Valdes’s convictions resulted from his participation in a plot to commit an armed robbery and steal between 10 and 15 kilograms of cocaine.

A. June 23, 2011 Sting Operation and Arrest

In May 2011, Agent Erik Espinosa of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) posed as a “disgruntled drug courier working for a Colombian drug organization.” Agent Espi-nosa contacted Jorge Gonzalez-Zulueta because Agent Espinosa thought he “had information about a crew of individuals committing armed home invasion type robberies in the [sjouth Florida region.”

Agent Espinosa recruited Gonzalez-Zu-lueta to rob a “stash house,” telling him that the home would contain between 10 and 15 kilograms of cocaine. Two other *862 individuals also agreed to participate in the robbery — Daniel Abreu-Jimenez and Antonio Hernandez-Galindo. After a fourth prospective robber dropped out of the conspiracy, Abreu-Jimenez recruited two more accomplices — defendant Valdes and Youany Olivera-Gareia. Abreu-Jimenez assured the undercover ATF agent that Valdes and Olivera-Gareia were competent robbers, stating that “we could tell them, ‘Look, there’s a bazooka in theref] and they will look for a tank for sure.”

On June 23, 2011, ATF agents executed the sting operation. A confidential informant (“Cl”), posing as Agent Espinosa’s uncle, met the five would-be robbers— defendant Valdes and Gonzalez-Zulueta, Abreu-Jimenez, Hernandez-Galindo, and Olivera-Gareia — at a predetermined location. Traveling in two vehicles, the Cl directed the conspirators to a warehouse. The conspirators believed that they would meet Agent Espinosa there, and that he would then lead them to the stash house. When the group arrived at the warehouse, the Cl exited one of the vehicles, and entered the warehouse. Afterwards, law enforcement officers surrounded the two vehicles and arrested the five conspirators.

After making the arrests, law enforcement officers seized two firearms and ammunition from the vehicle in which defendant Valdes had been a passenger. One of those weapons, a Glock .40 caliber pistol, belonged to Valdes.

B.Indictment

On July 7, 2011, a federal grand jury in the Southern District of Florida returned an indictment naming as defendants each of the five participants in the June 23 sting operation.

The indictment charged all five defendants with the following: (1) conspiracy to possess with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 846 (“count one”); (2) attempt to possess with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. § 841(a)(1) (“count two”); (3) conspiracy to commit Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a) (“count three”); (4) attempt to commit Hobbs Act robbery, in violation of 18 U.S.C. §§ 1951(a), 2 (“count four”); and (5) using and carrying a firearm during and in relation to a crime of violence and a drug trafficking crime, in violation of 18 U.S.C. §§ 924(c)(1)(A), 2 (“count five”). The indictment also charged Olivera-Gar-da and Valdes with possession of a firearm after having been convicted of a felony, in violation of 18 U.S.C. § 922(g)(1) (“count six”).

C. Co-Defendants’ Guilty Pleas

Valdes’s four co-defendants all pleaded guilty to counts one, three, and five. Each one did so pursuant to a plea agreement which required them to cooperate fully in ongoing prosecutions. In return, the government agreed to dismiss counts two and four.

D. Valdes’s Pre-Trial Withdrawal of Guilty Plea

Like his co-defendants, Valdes also pleaded guilty to counts one, three, and five pursuant to a plea agreement. However, at a hearing on Valdes’s attorney’s motion to withdraw, Valdes made an oral motion to withdraw his guilty pleas. Valdes informed the district court that he had not fully understood what he was pleading guilty to and that he had “pleaded guilty to something that [he is] not guilty of.” The district court allowed Valdes to withdraw his guilty pleas and *863 scheduled the case for trial. 1

E. Government’s 21 U.S.C. § 851(a) Notice

During a January 20, 2012 pre-trial hearing, the government informed the court that it intended to seek enhanced penalties for the drug offenses in counts one and two based on defendant Valdes’s prior convictions. The government stated that it would file a notice under 21 U.S.C. § 851

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Related

United States v. Glover
377 F. Supp. 3d 1346 (S.D. Florida, 2019)
Valdes v. United States
134 S. Ct. 1010 (Supreme Court, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
535 F. App'x 860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-abreu-jimenez-ca11-2013.