United States v. Francisco Corral-Ibarra and Roberto Herrera

25 F.3d 430, 1994 U.S. App. LEXIS 11942, 1994 WL 200132
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 23, 1994
Docket91-3036, 91-3093
StatusPublished
Cited by71 cases

This text of 25 F.3d 430 (United States v. Francisco Corral-Ibarra and Roberto Herrera) 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. Francisco Corral-Ibarra and Roberto Herrera, 25 F.3d 430, 1994 U.S. App. LEXIS 11942, 1994 WL 200132 (7th Cir. 1994).

Opinion

FLAUM, Circuit Judge.

A jury convicted Francisco Corral-Ibarra (“Corral-Ibarra”) and Roberto Herrera (“Herrera”) each of one count of conspiracy to distribute cocaine and one count of attempted possession with the intent to distribute cocaine. 21 U.S.C. §§ 841(a)(1) and 846. Herrera appeals both his conviction and sentence, whüe Corral-Ibarra appeals only the latter. We affirm.

I.

The events giving rise to appellants’ drug convictions ironically have their genesis in the efforts of another drug dealer, James Timothy McEwen (“McEwen”), to get out of the cocaine business before he got caught and went to jañ. At some point during his three-year stint as a cocaine dealer, McEwen made the acquaintance of John CasteUanos (“Castellanos”), a Chicago cocaine dealer who soon became McEwen’s primary source, seU-ing him up to one kñogram at a time. By 1990, McEwen had decided to abandon his drug business because it was “out of control” and he feared prosecution. Nevertheless, CasteUanos continued calling McEwen with offers to señ more cocaine. On June 6,1990, McEwen finaUy went to the Illinois State Police, telling an agent of his long-term dealings with CasteUanos and of CasteUanos’ recent offer to sell him a kñogram of cocaine. McEwen immediately entered into a cooperation agreement with the federal Drug Enforcement Agency (“DEA”), the terms of which granted him immunity.

Later that day, with DEA’s assistance, McEwen began taping his phone conversa *433 tions with Castellanos. When McEwen inquired about the availability of one kilogram of cocaine, Castellanos complained about the low supply and high prices in Chicago. Cas-tellanos then turned the tables on McEwen, asking if McEwen could arrange a large purchase from McEwen’s Florida source. 1 After a series of conversations in which Castellanos expressed interest in obtaining 300 or more kilograms per week, McEwen scheduled a meeting between Castellanos and the Florida source for the following day at a hotel in Springfield, Illinois. Castellanos indicated that he would be accompanied by one of his “uncles”.

The meeting took place as scheduled on June 7, with McEwen, Castellanos, Corral-Ibarra, and DEA Agent John Schaefer (“Schaefer”), posing as the Florida cocaine source, in attendance. Under the watchful ear and eye of the government’s audio- and video-taping devices, the parties discussed the sale of large quantities of cocaine. Specifically, Castellanos acted as the translator for Corral-Ibarra in negotiating price, quantity, quality, credit terms, and delivery point. By the end of the day, Castellanos and Corral-Ibarra had agreed to purchase 50 kilograms of cocaine from Schaefer for $17,000 per kilogram, for a total of $850,000.

After the initial meeting, Schaefer dealt directly with Castellanos in finalizing the deal. Schaefer insisted on using a “show and show” method of exchange. Under this arrangement, Schaefer agreed to move the cocaine as far north as Quincy, Illinois, where an agent for Castellanos and Corral-Ibarra could view and test the cocaine. At the same time, Schaefer would send an agent to the Chicago area to view the money. If both parties were satisfied, Schaefer then would transport the cocaine to Chicago for the actual exchange. Castellanos agreed to this type of transaction, and initially indicated that he would travel to Quincy. Later, however, Castellanos informed Schaefer that a man named Roberto (who turned out to be defendant Roberto Herrera) would view the cocaine.

Castellanos and Schaefer later discussed Herrera’s role in the transaction. Castella-nos told Schaefer to “show him one of the carburetors, 2 you know just show it to him, he thinks he is going to bring one carburetor to show it to us.... He doesn’t imagine what, you know, what’s going on, right?” Throughout the conversation, Castellanos emphasized time and again that Schaefer should only show Herrera a small amount of cocaine because “he’d freak on you” if he knew how many kilograms were involved. Castellanos also commented that Herrera is “the innocent type dude.” Schaefer then expressed concern over Herrera’s presence in Chicago when the entire delivery would be unloaded. Castellanos assured Schaefer that there was nothing to worry about because Herrera “doesn’t know nothing.”

In a later recorded telephone conversation, Castellanos again told Schaefer to show only two kilograms to Herrera. Schaefer expressed some concern that people on Castel-lanos’ end of the deal might balk because their tester had examined only two kilograms, but after discussing the quality of the cocaine, Castellanos reiterated that there would be no need for Herrera to view more than two kilograms.

In final preparation for the transaction, Schaefer arranged for 50 kilograms of previously seized cocaine to be flown to Springfield on a DEA airplane, and then transported to a large houseboat, equipped with audio- and video-tape machinery, that was docked on the Mississippi River at Quincy. On June 15, Herrera flew to Quincy and checked into a local motel. Castellanos and Schaefer again spoke by telephone, at which time Cas-tellanos told Schaefer the name of Herrera’s hotel and his room number. Schaefer then reminded Castellanos that Herrera would be travelling to Chicago with the sellers after the “show and show” took place. The following exchange ensued:

*434 CASTELLANOS: Yeah, but don’t tell him anything about nothin’.
SCHAEFER: Hey, why don’t you want him to see this man, are you that, I mean is he just not cool or what?
CASTELLANOS: He’s cool, except we don’t, he’ll get paranoid on ya man.
SCHAEFER: And he ain’t used to all that right?
CASTELLANOS: Ah, man, he’s never even seen what you’re gonna show him.

Later in the conversation, Schaefer confirmed, saying, “You just don’t want, you only want him to see two.” Castellanos replied, “Yeah, cause ya know, he’ll, he’ll freak out on ya man, he’ll get scared.”

Schaefer then met Herrera at the hotel and drove him to the dock area. As they boarded the boat, Herrera appeared nervous. Once on the boat, one of the waiting agents handed Herrera two kilogram packages of cocaine. Herrera told the agent to cut open the package. Initially, the agent declined (because of agency policy constraints), and informed Herrera that he would have to talk to Schaefer. The following exchange then took place:

HERRERA: That’s what they told me. Cut it, test it, give them a call.
SCHAEFER: How you supposed to test it?
HERRERA: Frank, Frank
SCHAEFER: How you supposed to test it?
HERRERA: Frank and, un (unintelligible), Frank and Johnnie asked me
SCHAEFER: Okay, how you, how you are supposed to test it?
HERRERA: Just rip it up like that.

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Cite This Page — Counsel Stack

Bluebook (online)
25 F.3d 430, 1994 U.S. App. LEXIS 11942, 1994 WL 200132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-francisco-corral-ibarra-and-roberto-herrera-ca7-1994.