United States v. Cruz

338 F. Supp. 3d 1235
CourtDistrict Court, D. New Mexico
DecidedSeptember 6, 2018
DocketCr. No. 18-2041 KG
StatusPublished
Cited by1 cases

This text of 338 F. Supp. 3d 1235 (United States v. Cruz) 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
United States v. Cruz, 338 F. Supp. 3d 1235 (D.N.M. 2018).

Opinion

KENNETH J. GONZALES, UNITED STATES DISTRICT JUDGE

THIS MATTER is before the Court on Defendant's Motion to Suppress Evidence and Statements, filed July 19, 2018. (Doc. 16). The United States responded on August 8, 2018. (Doc. 25). On August 16, 2018, the Court held an evidentiary hearing on the Motion. Assistant United States Attorney Mark Saltman appeared for the United States, and Assistant Federal Public Defender Bernadette Sedillo appeared on behalf of Defendant Francisco Ybarra Cruz, who was present. Having considered the briefing, the oral arguments of counsel, the applicable law and the evidence, the Court denies the Motion.

I. Procedural Background

This case originated on March 26, 2018, when the United States filed a Criminal Complaint alleging that Cruz violated 21 U.S.C. § 841(a)(1) by knowingly or intentionally possessing with intent to distribute approximately 11.5 pounds of methamphetamine. (Doc. 1). On June 20, 2018, the United States filed an Indictment charging Cruz in Count 1 with distribution of 500 grams or more of methamphetamine in violation of 21 U.S.C. § 846, and in Count 2 with possession with intent to distribute 500 grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A), and 18 U.S.C. § 2. (Docs. 10 and 11).

The evidence includes that the methamphetamine was seized, and inculpatory statements made, on March 24, 2018. At the August 16, 2018, hearing, Department of Homeland Security Special Agent Fernando Lozoya ("Agent Lozoya"), and New Mexico State Police Department Officer Leo Palomares ("Officer Palomares") testified. The Court admitted the United States' exhibits without objection. The Court heard oral argument from both parties.

II. Findings of Fact

Agent Lozoya is an agent with the Department of Homeland Security. Tr. at 7.1

*1238He has worked for the Department of Homeland Security for thirteen years, and has been stationed in Las Cruces for the past four years. Id. at 8. Agent Lozoya has worked with a Confidential Source ("CS") since 2016, finding that he has provided reliable and credible information. Id. at 9. The CS's information related to an investigation surrounding the importation of methamphetamine from Mexico to Phoenix, Arizona. The CS's information resulted in previous seizures of methamphetamine. Id. at 9-10.

At approximately 4:00 p.m., on Saturday March 24, 2018, Agent Lozoya received a call from the CS who told Agent Lozoya that he ordered about ten pounds of methamphetamine. Id. at 10. The CS informed Agent Lozoya that the methamphetamine would be in a vehicle located in Las Cruces in the area of Interstate 10, exit 139, and Motel Boulevard. Id. Agent Lozoya testified the vehicle was traveling from Arizona. Id. The CS did not provide a description of the vehicle the individual was driving. Id. at 29. When Agent Lozoya arrived near exit 139, he noticed several vehicles with Arizona license plates and, without further information, could not discern which vehicle the CS was talking about. Id. at 10.

At approximately 5:30 p.m., the CS told Agent Lozoya that the vehicle was in the area of Boutz and El Paseo Rds. in Las Cruces. Id. at 11. The CS also told Agent Lozoya that the individual transporting the methamphetamine mentioned to the CS that he was with his family. Id. Agent Lozoya went to the intersection and started looking for a vehicle with an Arizona tag with a family, driving around the area. He located a white pickup truck with an Arizona license plate at the corner of Montana Ave. and El Paseo Rd., approximately one mile from the Boutz intersection. Id. at 12. He also noticed the white pickup truck had an attached tow dolly, and an Hispanic male working on the vehicle. Id. This male was later identified as Cruz. Id. at 14.

Agent Lozoya continued to surveil the white pickup truck from his position at a nearby Sonic Drive-In, observing the male work on the front of the pickup truck in an empty parking lot.

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Bluebook (online)
338 F. Supp. 3d 1235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cruz-nmd-2018.