United States v. Concepcion Carrasco and Francisco Diaz

887 F.2d 794, 1989 U.S. App. LEXIS 16012, 1989 WL 123129
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 19, 1989
Docket88-2103, 88-2104
StatusPublished
Cited by58 cases

This text of 887 F.2d 794 (United States v. Concepcion Carrasco and Francisco Diaz) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Concepcion Carrasco and Francisco Diaz, 887 F.2d 794, 1989 U.S. App. LEXIS 16012, 1989 WL 123129 (7th Cir. 1989).

Opinion

COFFEY, Circuit Judge.

Concepcion Carrasco and Francisco Diaz appeal their convictions following a trial to the court for conspiring to sell and selling counterfeit alien registry cards and social security cards in violation of 18 U.S.C. §§ 371 and 1426(b) and 42 U.S.C. § 408(g)(3). We affirm.

I.

The Immigration and Naturalization Service (“INS”) received information that an individual, later identified as Concepcion Carrasco, was selling counterfeit documents. On October 12, 1986, the INS requested a confidential informant, Guillermo Herrera, to purchase false alien registry cards 1 and social security cards. During the period documents were purchased the government tape-recorded a number of meetings and telephone conversations between Herrera and the defendants Concepcion Carrasco and Francisco Diaz from October 1986 to March 1987. At trial, fourteen of these recorded meetings and telephone conversations were admitted in evidence together with Spanish and English transcripts thereof.

The first conversation between Herrera and a defendant involving arrangements for the purchase of counterfeit documents took place on October 12, 1986, when Herrera and another individual met with the defendant Carrasco outside of Carrasco’s home on Noble Street in Chicago, Illinois. During the meeting Herrera and Carrasco explored the possibility of Herrera purchasing a green (alien registration) card from Carrasco for a friend from Mexico. The following recorded conversation transpired:

“Herrera: You know, I needed a ‘mica’ (Alien Registration Receipt Card), for a friend. I met him, the man, at an office where I went to look for work. He told me that you would probably— that I need for a friend. You know, it is difficult to obtain the ‘mica’ and you know, every place one goes for work, well, they ask for it.
*797 Carrasco: Umm-Hmm.
Herrera: Then, this guy just came from Mexico recently, he needs it — well, if it’s possible.
Carrasco: For when do you need it?
Herrera: Well, I don’t know when you can get it.
Carrasco: Right now it is not possible.
Herrera: No?
Carrasco: I don’t believe for this week.
Herrera: Yes.
Carrasco: The person who makes the— that takes care of this business is in Mexico.
Herrera: He’s in Mexico?
Carrasco: Ummm.
Herrera: Will it take him a long time to return? Well, who knows, he probably will.
Carrasco: I believe he will be back by Saturday.
Herrera: Yes.
Carrasco: Friday — Saturday. (Pause)
Carrasco: Look elsewhere, if you are not able to arrange anything, you come back and we will go see if he has returned.
Herrera: Yes.
Cooperating
Individual: We will come to look for you on Friday to find out.
Carrasco: Ummm.
Herrera: Alright, whatever you want. (Pause)
Carrasco: If he were here, well, with pleasure.”

Carrasco gave Herrera his telephone number before Herrera stated he would need a “mica” and a social security card. Herrera also told Carrasco that he would call to ascertain whether Carrasco had been able to arrange something and would inform Carrasco in the event he was able to secure a different supplier for the false documents. Carrasco quoted Herrera the prices of a “mica” at $50 and a social security card at $20.

On November 3,1986, Herrera again met with Carrasco outside Carrasco’s Noble Street residence. The conversation began:

“Herrera: What’s happening, Chon [Carrasco]?
Carrasco: What’s going on? Come in.
Herrera: Ay!?
Carrasco: It’s getting chilly.
Herrara: Very much, right?
Carrasco: Yes.
Herrera: I thought you were going to be right by the door what have you been doing?
Carrasco: Yes, I was there except, that I was ready to “chicken out.”
Herrera: You got — you got cold, right?
Carrasco: Yes.”

Carrasco asserts that these statements reflect his desire to back out of the transactions with Herrera, while the government contends that they reflect only Carrasco’s reaction to the cold weather. Herrera went on to tell Carrasco that he had been attempting to reach Carrasco by telephone. Herrera at this time reiterated his desire to purchase the alien registry and social security cards. Carrasco queried Herrera asking whether Herrera had brought the necessary data and photos for the false documents. After Herrera responded affirmatively, Carrasco stated that it would be impossible for the registry and social security cards to be produced that day, but told Herrera to call him Wednesday (two days later). Herrera informed Carrasco that: “[T]his guy is after me, you see? He says, ‘Hurry up, hurry up,’ right?” Three days later, on November 6, 1986, Herrera received the cards from Carrasco in exchange for $70 ($50 for the “mica” and $20 for the social security card). Herrera stated that he would contact Carrasco “as soon as I need something,” and Carrasco asked Herrera not to say anything over the telephone other than that Herrera was coming to see Carrasco at a particular time. Car-rasco obviously was attempting to protect himself from any incriminating statements made during a possible wiretapped conversation.

Some two months later, on January 5, 1987, Herrera once more met with Carrasco and ordered another “mica” for one, “Juan Ortega Patino.” Herrera told Carrasco of the pressure he was under to secure the *798 card as quickly as possible. A week later Herrera phoned Carrasco, inquiring about the card, and Carrasco stated that he had not yet picked up the “mica,” “because the people were busy yesterday.” Herrera and Carrasco agreed to meet the next day at 7 p.m. Two days thereafter, on January 14, 1987, Herrera met with Carrasco, paid him $50 and received the “mica.” Herrera asked Carrasco if he could deal directly with Carrasco’s source, to which Carrasco replied, “I don't know.” Carrasco spoke to Herrera about the difficulty he had in contacting his source. He also stated: “I also don’t make any of these.

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Cite This Page — Counsel Stack

Bluebook (online)
887 F.2d 794, 1989 U.S. App. LEXIS 16012, 1989 WL 123129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-concepcion-carrasco-and-francisco-diaz-ca7-1989.