United States v. Glaum

356 F.3d 169, 2004 U.S. App. LEXIS 1263, 2004 WL 144133
CourtCourt of Appeals for the First Circuit
DecidedJanuary 28, 2004
Docket02-2304
StatusPublished
Cited by10 cases

This text of 356 F.3d 169 (United States v. Glaum) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Glaum, 356 F.3d 169, 2004 U.S. App. LEXIS 1263, 2004 WL 144133 (1st Cir. 2004).

Opinion

HOWARD, Circuit Judge.

Defendant Terrence Glaum appeals from his conviction and sentence for participating in a marijuana distribution conspiracy. He raises several claims of error. We affirm.

I. Background

We state the facts in the light most favorable to the jury’s verdict. See United States v. Diaz, 300 F.3d 66, 69 (1st Cir.2002).

A. Glaum Joins the Conspiracy

The conspiracy underlying this prosecution operated to distribute Mexican-grown marijuana throughout the United States. The head of the conspiracy was a man known only as “Jefe.” He raised large crops of marijuana for shipment across the border. An individual known as the “Old Man” or “Dad” worked under Jefe as his chief distributor. The Old Man received large shipments of marijuana from Jefe to distribute to other dealers, including Anthony Salsberry, who operated out of San Diego. Salsberry, in turn, would distribute the marijuana to other smaller dealers, who would sell the drugs to users. Among Salsberry’s customers were an individual in New York, Ralph Martino, and two individuals in Maine, Ronnie Kerrigan and Paul Sekenski.

As part of his operation, Salsberry employed Glaum’s ex-wife, Sheila Case, to assist him in shipping the marijuana. In the middle of 2000, Case asked Salsberry if he could put Glaum “to work.” Salsberry agreed and provided Glaum with approximately fifty pounds of marijuana to sell in Arizona. In addition to his work distributing marijuana, Glaum assisted Salsberry in packaging the drugs. Working out of his garage, Glaum weighed, “shrink wrapp[ed]” and “vacuum seal[ed]” marijuana to prepare it for shipment. As compensation, Salsberry paid Glaum “a percentage” of the profits.

At approximately the same time that Glaum started working for Salsberry, the Old Man offered Salsberry a two-ton load of marijuana to distribute. After a portion of the load was smuggled across the border, Salsberry obtained a sample to send to Martino to gauge his interest in purchasing the load.

In mid-October 2000, after receiving word from Martino that he was interested, Salsberry met with Jefe and the Old Man in San Diego to discuss the Martino deal. At this meeting, Jefe and the Old Man told Salsberry that only one ton would be available immediately and that the other ton would be placed “on hold”. 1 Salsberry concluded the meeting by telling his superiors that he would organize the transportation of the load to Martino.

Salsberry knew that Martino could arrange to transport the shipment himself, but Salsberry preferred to find an alternate method so that he could charge Mar-tino a higher fee. In a subsequent conversation with Glaum, Salsberry learned that Glaum had access to several trucks which *173 could be used to ship the marijuana to New York.

Soon after this conversation, Salsberry attended another meeting with Jefe and the Old Man. This time Glaum also attended, and Salsberry introduced him to the heads of the organization. At this meeting, Salsberry assured the Old Man and Jefe that Glaum was capable of organizing the transportation for the Martino deal but that he could not begin the transport for two weeks. The participants therefore agreed that for two weeks the deal would remain “on hold.”

B. Salsberry’s Arrest and Cooperation

On November 14, 2000, during the two-week hiatus in the Martino deal, Salsberry was arrested after one of his drivers turned him in to authorities. After his arrest, Salsberry was incarcerated in San Diego. From jail, Salsberry called Glaum to cheek on the Martino deal and to inform him of his status. While Salsberry was incarcerated, he spoke to Glaum nearly every day. During these calls, Glaum assured Salsberry that “he wouldn’t let [him] down” and that he “wanted to keep things going.” The two eventually agreed that Glaum would carry on Salsberry’s business while Salsberry was in jail.

On November 18, 2000, Glaum sent his attorney, Phil Gagnon, to meet with Sals-berry in jail. Gagnon served as an intermediary between Glaum and Salsberry, meeting with Salsberry on several occasions. At one of their meetings, Salsberry provided Gagnon with Ronnie Kerrigan’s and the Old Man’s telephone numbers.

On January 17, 2001, Salsberry decided to cooperate with the government. Soon afterwards, Drug Enforcement Agency (“DEA”) Agent Paul Wolf traveled from Maine to California to debrief Salsberry. As part of his cooperation agreement, Salsberry agreed to remain in contact with Glaum and Gagnon and to provide Glaum with Wolfs pager number. Eventually, Salsberry gave Glaum the pager number, pretending that it belonged to Paul Seken-ski.

C. The Sting Operation

Wolf returned to Maine from meeting with Salsberry on January 19, 2001. Two days later, he received an electronic page from Glaum. In their introductory call, Glaum identified himself as a friend of Salsberry and asked Wolf if he wanted “to discuss doing some business.” Glaum said that he soon would be traveling to Maine to bring drugs to Ronnie Kerrigan and that he would be able to deliver drugs to Wolf at that time. Wolf told him that he would have to “check [him] out” before placing an order. Glaum invited Wolf to call him when he was ready to deal.

On January 24, 2001, Wolf called Glaum. After Glaum explained how he had become associated with Salsberry, Wolf broached the subject of the Martino deal. Wolf asked Glaum if he knew Martino. Glaum stated that he knew “of him” but that he knew “Dad real well.” At the conclusion of the conversation, Glaum offered to send Wolf a small shipment of marijuana.

On January 30, 2001, Wolf and Glaum negotiated the smaller shipment that they had initially discussed on January 24th. Glaum agreed to send Wolf a ten-pound load. Wolf, in turn, rented a “mail drop” box to receive the shipment at a Mail Boxes Etc. in Saco, Maine. On February 10, 2001, Wolf provided the address to Glaum, and Glaum told him to expect the drugs to arrive in a package appearing to contain candles.

On February 13, 2001, Glaum and Wolf again discussed the ten-pound shipment. This time they discussed payment. Wolf *174 agreed to send half of the money immediately and to pay the rest when they met. In their next conversation, on February 18, 2001, they discussed the possibility of a larger shipment. Glaum offered to send a sample of the larger shipment or to bring it to Maine when he visited Kerrigan. He told Wolf that he had just obtained “three hun[dred]” pounds of marijuana and that the drugs were “Dad’s thing” and were “all Dad.”

Wolf received the ten-pound shipment on February 20, 2001. Wolf called that day to inform Glaum that the shipment had arrived. The next conversation between Wolf and Glaum took place on February 22, 2001, during which Wolf told Glaum that Martino was “kinda anxious” about the larger deal.

At this point, Wolf arranged for DEA Agent Ralph Caruso to pose as Martino, in order to expand the investigation.

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Cite This Page — Counsel Stack

Bluebook (online)
356 F.3d 169, 2004 U.S. App. LEXIS 1263, 2004 WL 144133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-glaum-ca1-2004.