United States v. Efrain Garcia-Jaimes

484 F.3d 1311
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 19, 2007
Docket05-14475, 05-14481, 05-14482, 05-14483, 05-14669, 05-17251 and 06-10121
StatusPublished
Cited by22 cases

This text of 484 F.3d 1311 (United States v. Efrain Garcia-Jaimes) 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. Efrain Garcia-Jaimes, 484 F.3d 1311 (11th Cir. 2007).

Opinion

DUBINA, Circuit Judge:

This is a huge, complex, multi-defendant criminal drug case in which the district court judge presided over three separate trials in the United States District Court for the Northern District of Georgia. The original indictment charged 80 individuals with multiple drug trafficking, firearm, and money laundering offenses. Seventeen of those individuals pled guilty. Of the remaining 13 defendants, ten proceeded to trial and three entered guilty pleas. The cases were consolidated on appeal.

I. BACKGROUND

A. Procedural History

The first jury trial began on January 5, 2005. Defendants Rigoberto Garcia Jaimes (“Rigoberto”), Efrain Garcia Jaimes (“Efrain”), Roberto Moreno Gonzalez (“Roberto”), Armando Baragan Ramirez (“Armando”), Alejandro Hernandez Hernandez (“Alejandro”), Sabas Jaimes Enriques (“Sabas”), and Leonardo Nunez Virraizabal a/k/a Noel Chavez Moreno (“Leonardo”) were tried together. After a three-week trial, the jury returned its verdicts finding Armando guilty on Counts One (drug conspiracy), Six (possession of a firearm in furtherance of a drug trafficking crime), and Twenty-Six (money laundering conspiracy); Roberto guilty on Counts One (drug conspiracy), Two (possession of a firearm in furtherance of a drug trafficking crime), and Twenty-Six (money laundering conspiracy); Rigoberto guilty on Counts One (drug conspiracy), Three (possession of a firearm in furtherance of a drug trafficking crime), Four (alien in possession of a firearm), and Twenty-Six (money laundering conspiracy); Efrain guilty on Counts One (drug conspiracy), Four (alien in possession of a firearm), and Twenty-Six (money laundering conspiracy); Alejandro guilty on Counts One (drug conspiracy) and Twenty-Six (money laundering conspiracy); Sabas guilty on Counts One (drug conspiracy), Five (possession with intent to distribute cocaine), and Twenty-Six (money laundering conspiracy); and *1316 Leonardo guilty on Counts One (drug conspiracy) and Twenty-Six (money laundering conspiracy).

On February 1, 2005, defendant Luis Eduardo Perez (“Luis”) proceeded to jury trial, and on February 8, the jury found him guilty on Count One (drug conspiracy).

On March 9, 2005, defendants Jaime Gonzales Mejia (“Jaime”) and Jose Valdo-vinos Busto (“Jose”) proceeded to jury trial. On March 22, the jury found Jaime guilty on Counts One (drug conspiracy), Nine (possession of a firearm in furtherance of a drug trafficking crime), and Ten (alien in possession of a firearm) and Jose guilty on Counts One (drug conspiracy) and Twenty-Six (money laundering conspiracy).

Defendants Leopoldo Valencia Cervantes (“Leopoldo”), Patricio Vargas Jimi-nez (“Patricio”), and Dante Rodriguez So-telo (“Dante”) each entered guilty pleas. Leopoldo pled guilty to Counts One (drug conspiracy) and Twenty-Six (money laundering conspiracy). Patricio pled guilty to Counts One (drug conspiracy), Eighteen (possession of a firearm in furtherance of a drug trafficking crime), Twenty (alien in possession of a firearm), and Twenty-Six (money laundering conspiracy). Dante pled guilty to Counts One (drug conspiracy), Seventeen (possession of a firearm in furtherance of a drug trafficking crime), Nineteen (alien in possession of a firearm), and Twenty-Six (money laundering conspiracy).

After lengthy sentencing hearings, the defendants received the following sentences:

Rigoberto-420 months imprisonment
Efrain-350 months imprisonment
Alejandro-292 months imprisonment
Roberto-480 months imprisonment
Patricio-240 months imprisonment
Dante-220 months imprisonment
Jaime-270 months imprisonment
Armando-295 months imprisonment
Leopoldo-190 months imprisonment
Sabas-800 months imprisonment
Jose-280 months imprisonment
Leonardo-290 months imprisonment
Luis-135 months imprisonment

The defendants then perfected their appeals. All of the defendants are incarcerated.

B. Facts

In 2002, the Drug Enforcement Administration (“DEA”) directed agents in Atlanta, Georgia, and McAllen, Texas, to investigate a Mexican drug trafficking organization that was importing cocaine, marijuana, and methamphetamine into the United States for distribution in the Atlanta area. The investigation included surveillance of various members of the organization, as well as Title III wiretaps that resulted in numerous intercepted telephone calls among the organization members. By the time of trial, the authorities had intercepted over 30,000 telephone calls by way of wiretap. These intercepted telephone calls confirmed that the members of the organization were engaged in the possession and distribution of cocaine, marijuana, and methamphetamine. The intercepted calls also confirmed that the members of the organization were collecting money from the sale of the drugs to send to Mexico. The drug proceeds also paid the operating expenses of the organization in the United States, including mortgages and rent for residences and stash houses, purchase of vehicles and firearms for use by the organization members, and purchase of tractor-trailers and cover load cars and trucks to transport the drugs and money.

*1317 Roberto was the leader of the drug organization. Rigoberto worked for Roberto supervising the drug distribution and money collection for the Atlanta area. Ramon Alvarez Sanchez (“Ramon”) and his brother Antonio Alvarez (“Antonio”) had their own source of marijuana in Mexico, but they purchased cocaine from Roberto, either directly or through Rigoberto. Ramon operated his own organization distributing cocaine and marijuana in Atlanta and other cities. Through use of his trucking company, Ramon arranged for transportation of drugs for Roberto and Rigoberto, as well as for himself. Luis worked for Ramon and drove the trucks that transported drugs from Texas to Atlanta by using cover loads of either cabbages or watermelons.

Rigoberto supervised Efrain and Sabas, and reported back to Roberto. Efrain and Sabas delivered drugs and collected money for Rigoberto. As part of his duties, Rigoberto also obtained and maintained stash houses located in the Atlanta area at Canberra Court, Ringtail Drive, Robin Hill Drive, Waterbrook Terrace, Murdock Court, and Shenta Oak Drive. The stash house at Canberra Court was Sabas’s residence, but he later moved to the Water-brook Terrace house. Alejandro, Armando, and Leopoldo manned the stash house located on Ringtail Drive. Jaime manned the stash house located on Robin Hill Drive.

Marcos Ibarra Nunez, a/k/a Marco Antonio Sotelo Ibarra, a/k/a Marco Pelaez So-telo (“Marcos”) worked for Rigoberto as a supervisor, and he too obtained and maintained residences and stash houses in the Atlanta area, including stash houses located on Woodstock Drive and Oak Vista Way.

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Cite This Page — Counsel Stack

Bluebook (online)
484 F.3d 1311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-efrain-garcia-jaimes-ca11-2007.