United States v. Doe

613 F.3d 681, 2010 U.S. App. LEXIS 14824, 2010 WL 2813806
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 20, 2010
Docket09-1658, 09-1756 & 09-2242
StatusPublished
Cited by21 cases

This text of 613 F.3d 681 (United States v. Doe) 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. Doe, 613 F.3d 681, 2010 U.S. App. LEXIS 14824, 2010 WL 2813806 (7th Cir. 2010).

Opinion

KANNE, Circuit Judge.

Appellants were conspirators in a drug distribution ring. After their scheme was infiltrated by an undercover officer and they were arrested, Appellants decided to take their chances at trial by jury. Following a five-day trial, each was convicted of conspiracy to possess with intent to distribute more than 100 kilograms of marijuana. The district court held sentencing hearings during which it overruled each defendant’s sentencing objections and imposed a sentence on each defendant. Appellants now appeal their sentences, claiming that enhancements were improperly applied and reductions were erroneously ignored. We affirm.

I. Background

The criminal conduct in this case involved an extensive drug distribution scheme. Jose Hernandez first met Andres Cuellar-Chavez in Mexico in April 2006. Later that same summer, Hernandez, Jose *684 Ramirez, and Enedeo Rodriguez decided that they wanted a shipment of marijuana to sell in Indiana. Hernandez spoke with his new friend Cuellar, who was still in Mexico, about transporting marijuana into the United States. Hernandez then traveled to Mexico to meet with Cuellar. At that meeting, Cuellar explained that he could acquire the marijuana and smuggle it across the border, but that they needed a truck driver to transport the drugs north to Indiana from Texas. Hernandez asked Rodriguez to assist in finding a driver. Rodriguez had an acquaintance — Juaquin Tapia — who supposedly could secure them transport.

Meanwhile, the Immigration Customs Enforcement Office (“ICE”) in Brownsville, Texas, caught wind of the plan after receiving information that an individual named Juaquin Tapia was looking for someone to transport 2,200 pounds of marijuana from South Texas to Fort Wayne, Indiana. ICE agents decided to infiltrate the conspiracy and requested that an undercover officer (“UC”) pose as a truck driver and meet with Tapia.

A confidential informant then introduced the UC and Tapia in late August 2006. Tapia explained that he was looking for someone to transport between 1,200 and 2,000 pounds of marijuana from the Rio Grande Valley to Fort Wayne. The UC offered to transport the marijuana for a fee of $100 per pound. Tapia responded that he needed to talk to his contact first, but that he was going to request $20,000 to pay the UC. Tapia then explained that it would be a few days before they were ready for the transport. The UC gave Tapia his phone number and told Tapia to call him when the men were ready.

On October 9, 2006, Tapia called the UC to arrange an introduction between the UC and the owner of the marijuana. That afternoon, Tapia and the UC met in the parking lot of a retail store in Texas. In prepping the UC for the meeting with the owner, Tapia told the UC to request $125 per pound as a transport fee because Tapia needed to give someone else the extra $25 per pound. During this discussion, Tapia also told the UC that the men only had 600 to 700 pounds to load because 700 pounds had been heisted at the Mexican side of the border by gangsters known as “Zetas.” He assured the UC, however, that the owner was trying to secure more marijuana to make up for the missing pounds so that it would be worth the UC’s while to complete the transport.

Tapia then left to pick up the owner of the marijuana. When he returned, he was with Cuellar, whom Tapia introduced as the person-in-charge and owner of the marijuana. Cuellar explained that they would have the load ready in a few days. During this meeting, Cuellar contacted someone by phone, inquiring whether the men could secure another load of marijuana so that the shipment contained at least 1000 pounds. Apparently thinking that this was possible, Cuellar then proceeded to tell the UC that he would pay him within two days of the UC’s arrival in Fort Wayne.

Four days later, Tapia called the UC to request a meeting. The two agreed to meet later that day to discuss the logistics of initiating the transport. When Tapia arrived at the meeting, he informed the UC that the load was ready and waiting in Rio Grande City, Texas, but they would first have to discuss the plan for pickup with Cuellar. Upon meeting Cuellar, the three men sat in Tapia’s vehicle, discussing the plan to retrieve the drugs. When the details were finalized, the UC drove his van to the stash house, following Cuellar. Tapia did not go to the stash house.

The stash house was located in a residential neighborhood. Cuellar, the UC, *685 and an unknown male and female gathered behind the house and began loading the marijuana bundles onto the vehicle. Although the UC did not count the bundles of marijuana, he overheard Cuellar saying that there were eighty-three bundles in the load.

Two days later, the UC again met with Tapia in Texas. Tapia inquired about the size of the marijuana packages, and explained that both he and Cuellar would be waiting in Fort Wayne when the UC arrived with the shipment. Tapia then gave the UC $500 and left. The UC received an additional $990 and $980 in payment via wire from other unknown individuals. With those payments secured, the UC set out to transport the marijuana to Indiana.

Unbeknownst to Appellants, however, the UC actually delivered the marijuana bundles to ICE agents in Texas. The officials weighed the marijuana and then placed it in a secured vault pending a controlled delivery. The agents later placed the entire load-1,011 pounds-into lime boxes for transportation and shipped it to Indianapolis, Indiana by plane. The UC also flew to Indiana where he picked up the transported load and drove it to Fort Wayne.

Meanwhile, on October 17, 2006, Hernandez met with Tapia and Rodriguez in Indiana to discuss the delivery of the shipment the following day. Hernandez told the men that he was expecting the UC to call him when the marijuana had arrived.

The next day, the UC drove to a gas station near the Fort Wayne airport. He contacted Cuellar to tell the latter where he was waiting. During this call, Cuellar indicated that he and Tapia were already in Fort Wayne. Cuellar told the UC that someone would be at the gas station shortly to direct the UC to the offload spot, and in the meantime, to expect a call from “Jose.” The UC soon received a call from Hernandez, who had arrived at the gas station. The UC then followed Hernandez to a residence about five miles from the gas station. The residence, which was the place where the marijuana was to be offloaded, belonged to Ramirez.

But the detached garage was locked, and because Hernandez did not have a key, he tried to call Ramirez. While the men waited for Ramirez to return Hernandez’s phone call, Hernandez removed a panel from the stereo area of his car and withdrew two bundles of U.S. currency totaling $15,000. Hernandez gave the money to the UC and explained that Ramirez would bring the remaining $15,000 to $20,000 owed to the UC.

Also while waiting for Ramirez, Hernandez received a call from Rodriguez who wanted to know if the marijuana had arrived and when he could come to collect it. Around the same time, the UC and Hernandez both saw the white van that Rodriguez drove slowly pass by Ramirez’s residence. Hernandez told Rodriguez that he could not come over yet because it would look suspicious to have too many cars in front of the residence.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Tom Lewis
Seventh Circuit, 2020
United States v. Elezi
N.D. Illinois, 2018
United States v. John May
748 F.3d 758 (Seventh Circuit, 2014)
United States v. Mitchell
525 F. App'x 479 (Seventh Circuit, 2013)
United States v. Ron Collins
715 F.3d 1032 (Seventh Circuit, 2013)
United States v. April Cole
485 F. App'x 842 (Seventh Circuit, 2012)
United States v. Juarez
481 F. App'x 261 (Seventh Circuit, 2012)
United States v. Alfredo Juarez
Seventh Circuit, 2012
United States v. Carl Hodges
Seventh Circuit, 2012
United States v. Hodges
483 F. App'x 268 (Seventh Circuit, 2012)
United States v. Cerna
676 F.3d 605 (Seventh Circuit, 2012)
United States v. Peugh
675 F.3d 736 (Seventh Circuit, 2012)
United States v. Leiskunas
656 F.3d 732 (Seventh Circuit, 2011)
United States v. Levell Hicks
Seventh Circuit, 2011
United States v. Hicks
418 F. App'x 534 (Seventh Circuit, 2011)
United States v. Bosire
407 F. App'x 951 (Seventh Circuit, 2010)
United States v. Edward Bosire
Seventh Circuit, 2010

Cite This Page — Counsel Stack

Bluebook (online)
613 F.3d 681, 2010 U.S. App. LEXIS 14824, 2010 WL 2813806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-doe-ca7-2010.