United States v. Collazo

732 F.2d 1200
CourtCourt of Appeals for the Fourth Circuit
DecidedApril 12, 1984
DocketNos. 82-5023(L) to 5026, 82-5028 and 82-5204
StatusPublished
Cited by169 cases

This text of 732 F.2d 1200 (United States v. Collazo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Collazo, 732 F.2d 1200 (4th Cir. 1984).

Opinion

HARRISON L. WINTER, Chief Judge:

In this multi-defendant drug prosecution, six defendants challenge their convictions of conspiracy to distribute and possess with intent to distribute a quantity in excess of 1000 pounds of marijuana, in violation of 21 U.S.C. §§ 846 and 841(b)(6), and possession with intent to distribute a quantity in excess of 1000 pounds of marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(6). They raise numerous points of error. We find merit, however, in only two. We reverse convictions of two of the defendants but affirm as to the others.

I.

Following months of undercover work by investigators of the Drug Enforcement Administration, arrangements were made for two federal agents, Andrew Feraco and Mortimer Moriarty, to purchase some ten thousand pounds of marijuana in Baltimore on October 29,1981. The marijuana was to be delivered at the Hyatt Regency Hotel in Baltimore on the morning of October 29 in two U-Haul trucks to be supplied by the agents.

Prior to the sale and particularly through the night of October 28-29, Feraco and Moriarty met with numerous persons at the Hyatt Regency and the Johns Hopkins Motor Inn in Baltimore and spoke to others by telephone. Many of these conversations were taped by means of concealed electronic equipment.

At 7:00 p.m., Agent Feraco went to the Johns Hopkins Sheraton Motor Inn and delivered keys to two U-Haul trucks, which had been rented and parked at a local shopping center, to Milton Mainwold and Joseph Laviola, key figures in the marijuana sale. At approximately 10:00 p.m., F.B.I. surveillance agents observed four men pick up one of the U-Haul trucks at the shopping center. The agents followed the truck to a farmhouse in the rural area of Bel Air, Maryland. The house was determined to be rented to defendant Catalino Collazo. It was kept under surveillance for the rest of the night by some eleven federal agents.

During negotiations that continued throughout the night, Agent Moriarty, at the suggestion of defendant Francisco Nunez-Varella, telephoned room 246 of the Johns Hopkins Sheraton Motor Inn and spoke with a man who identified himself as “Moisés” concerning certain problems that had developed in the negotiations. Many of the co-defendants, including Moisés Alvarez, were observed by a surveillance agent, stationed in room 242 at the Sheraton, in conversation with each other outside the block of rooms which they variously occupied. Likewise, defendant Mainwold explained to Agent Moriarty the next morning that it was Moisés Alvarez who was a coordinator for the sale and with whom Moriarty had been speaking by telephone the night before.

At around 8:00 o’clock the next morning, the U-Haul truck was observed to leave the Bel Air house and proceed to Baltimore, followed by a Chevrolet and a Mercedes-Benz. The truck and escort cars stopped briefly at the Sheraton and then drove to the Hyatt Regency. The truck and the Chevrolet parked and the occupants of the two vehicles entered the hotel; the Mercedes-Benz circled the block three times before it parked out of sight of the other vehicles.

The key to the U-Haul truck was delivered to Agent Moriarty, who went out to inspect the truck’s contents, some three thousand pounds of marijuana. He then returned to the room where those involved in the sale were waiting for him, accompanied by an arrest team of federal agents. Seven individuals were placed under arrest, including defendants Mirabal, Nunez-Varella, and Collazo. Two pistols were seized from those arrested. Defendants LlanezDiaz and Alvarez were arrested a few minutes later in the Mercedes; Llanez-Diaz was seated in the driver's seat and was found to be armed with a .22 caliber pistol, while Alvarez was seated in the front passenger’s seat unarmed.

[1203]*1203Immediately after the Baltimore arrests and when the sweep failed to yield one major figure that agents expected to be involved in the transaction, the investigation supervisor authorized the federal agents surrounding the Bel Air house to enter it to search for the additional suspect. No one was found in the house, but the searching agents observed a substantial amount of marijuana, weapons, and cash in plain view. Later that morning at F.B.I. headquarters, defendant Collazo signed a written consent to a search of the house after F.B.I. agents told him that the house already had been entered and contraband found.

Eight co-defendants pleaded guilty before the commencement of trial. The six defendants who appeal to us then were tried jointly before a jury. All except defendant David Yuste were found guilty on both counts of the indictment; Yuste was found guilty only on the conspiracy count.

II.

During the trial, the district judge allowed the jury to use transcripts prepared by government agents to assist them in following tape recordings admitted into evidence. The jury used the transcripts both as it listened to the tape recordings during the government’s case and when, in the middle of deliberations, it requested an opportunity to return to the courtroom to rehear a portion of the tapes. Defendants contend that the district court committed reversible error in both instances. We, however, disagree.

It is a fact that defendants never stipulated as to the transcripts’ accuracy and the district court made no attempt to verify that the transcripts correctly reflected the content of the tapes. However, several times during the course of the trial, the district court gave a cautionary instruction to the jury to the following effect:

The transcripts, I again tell you, are not evidence but merely aids to follow the voices on the tape and you are bound by your own recollection of what comes off that tape, not those transcripts. Do you understand that?

Had the parties stipulated to the accuracy of the transcripts or had the court itself reviewed them, their use by the jury would clearly have been unobjectionable. See United States v. Slade, 627 F.2d 293 (D.C. Cir.), cert. denied, 449 U.S. 1034, 101 S.Ct. 608, 66 L.Ed.2d 495 (1980). In the present case, however, the defendants voiced a general objection to use of the transcripts that the district court overruled solely on grounds that the transcripts had been adequately authenticated by the testimony of the agents who prepared them. The issue presented by the case thus is whether defendants, on the strength simply of a general objection to transcripts, can place the district court in the position of either having itself to undertake the laborious process of verifying the accuracy of the transcripts or having to prevent the government from using transcripts at all to aid in the presentation of tape recorded evidence.

Whether to allow the use of transcripts to aid in the presentation of tape recorded evidence is within the district court’s sound discretion. United States v. Long, 651 F.2d 239, 243 (4 Cir.), cert. denied, 454 U.S. 896, 102 S.Ct. 396, 70 L.Ed.2d 212 (1981).

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Bluebook (online)
732 F.2d 1200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-collazo-ca4-1984.