United States v. Gustavo Chaverra-Cardona and Oscar Urego

879 F.2d 1551, 1989 U.S. App. LEXIS 10776, 28 Fed. R. Serv. 814
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 19, 1989
Docket87-2958, 87-2960
StatusPublished
Cited by14 cases

This text of 879 F.2d 1551 (United States v. Gustavo Chaverra-Cardona and Oscar Urego) 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. Gustavo Chaverra-Cardona and Oscar Urego, 879 F.2d 1551, 1989 U.S. App. LEXIS 10776, 28 Fed. R. Serv. 814 (7th Cir. 1989).

Opinion

FLAUM, Circuit Judge.

Appellant Gustavo Chaverra-Cardona was convicted by a federal jury of conspiracy to kill an Assistant United States Attorney (AUSA) and solicitation of another to commit that crime (Counts I and III), and conspiracy to kill a government witness and her children and solicitation of another to commit that crime (Counts II and IV). Chaverra was sentenced to life imprisonment on Count I to be served consecutively to two consecutive fifteen-year sentences imposed in a separate but related narcotics case. Chaverra also received five years, twenty years, and five years on Counts II, III, and IV, respectively, to be served concurrently with the life sentence.

Appellant Oscar Urego was convicted along with Chaverra on Count II, conspiracy to kill a government witness and her children. Urego was sentenced to three years’ imprisonment.

On appeal, both Chaverra and Urego challenge their convictions. Chaverra additionally challenges his sentences of life imprisonment and twenty years for conspiracy and solicitation to kill an AUSA. We affirm.

I.

Chaverra’s plot to murder AUSA Ruben Castillo hatched while Chaverra was being held in custody awaiting trial on narcotics charges. Castillo was the prosecutor who had obtained the grand jury indictment charging Chaverra and others with narcotics violations involving over thirty pounds of cocaine having a street value of more than $3,000,000. During the course of the *1553 narcotics investigation, Castillo obtained the cooperation of Fanny Altamirano, a maid who had worked for Chaverra and who was willing to testify against him at trial. The information provided by Altami-rano also enabled Castillo to obtain a superseding indictment adding Chaverra’s wife, Ruth, and his brother as defendants. While incarcerated at the Metropolitan Correctional Center in Chicago (MCC) awaiting trial, Chaverra received a message from Ruth saying that Altamirano had “snitched” on them.

After receiving the message, Chaverra arranged a meeting with another inmate, Eddie Ayala, who, unknown to Chaverra, was a government informant. The two met on the roof of the MCC where Chaver-ra asked Ayala to assist him in killing both Castillo and Altamirano. Chaverra told Ayala that he hated Castillo for having his wife arrested and for inducing Altamirano to cooperate. He stated that he did not care that the government would just appoint another prosecutor to the case. Chaverra asked Ayala to enlist professionals from Florida to do the killings and offered to pay $50,000 for the murder of Castillo, $25,000 for the murder of Altami-rano, and $30,000 to Ayala for his help. Chaverra additionally wanted Altamirano’s two children killed because he thought it would look funny if the mother disappeared leaving the children behind. The men discussed the weapons, automobiles, and personnel from Chicago and Miami that would be needed to carry out the murders, and they talked about alternative methods of killing the prosecutor, including stabbing him to death in the elevator of the federal building and shooting him in the head with a machine gun.

Ayala reported this conversation to the Drug Enforcement Administration (DEA) agents with whom he was working. During the next three and a half weeks, the agents monitored the progress of the conspiracy through Ayala, his brother Carlos, also a government informant who helped coordinate the plot from outside the MCC, and two DEA agents who posed as professional hitmen from Miami. The informants and agents witnessed or participated in numerous conversations in which details of the plan were discussed, such as the timing of the kills, whether Altamirano should be poisoned with Colombian candy, and whether the price of the hits included the cost of machine guns or whether the hitmen would use their own guns. The investigation culminated in a tape recorded and videotaped conversation between Chaverra and Ayala at the MCC, after which DEA agents arrested six persons,' including Appellant Oscar Urego.

II.

On appeal, Chaverra and Urego first argue that they were unduly prejudiced by the admission at trial of extensive testimony concerning the underlying drug case and Chaverra’s drug trafficking and finances. They claim that the district judge abused his discretion under Federal Rule of Evidence 403 by admitting the testimony. Specifically, appellants contend that the testimony created an image of them as Colombian drug dealers which improperly influenced the jury’s verdict.

Both the appellants and the government agree that some evidence of the underlying drug case and drug transactions was clearly probative and admissible under either Fed.R.Evid. 404(b) to show motive, intent, knowledge, and opportunity, or under what may be called the “related bad acts” exception to the general rule against introduction of evidence of prior bad acts. See United States v. Monzon, 869 F.2d 338, 343-45 (7th Cir.1989) (“[E]vidence of other acts or crimes which are ‘intricately related to the facts of the case’ are admissible without reference to Rule 404(b)”) (quoting United States v. Hawkins, 823 F.2d 1020, 1023 (7th Cir.1987)). Under either exception, however, the probative value of the evidence must not be substantially outweighed by the danger of unfair prejudice. Fed.R.Evid. 403; Monzon, 869 F.2d at 343; United States v. Shackleford, 738 F.2d 776, 779 (7th Cir.1984). The appellants argue that although the underlying drug case was clearly relevant to the subsequent plot to murder the prosecutor and the key witness, the district court abused its discretion *1554 in allowing such extensive testimony concerning Chaverra’s narcotics activities. We disagree.

The appellants complain of excess in the presentation of three categories of evidence which they believe crossed the line from admissible to unfairly prejudicial. First, appellants challenge the evidence presented on the underlying drug case — in particular, testimony concerning the circumstances of the narcotics arrests, the items seized, and the subsequent bond hearings. The scope of that testimony ranged from significant to trifling detail. On one end of the spectrum, and in the appellants’ view the most damaging, was the testimony elicited concerning the amount (fifteen kilograms) and street value of the cocaine that was seized, the cooperation of Altamirano in the indictment of Ruth, the condition of Ruth’s bond that she not threaten or harrass Altamirano, the denial of bond for Chaverra, and the family relationships between Ruth, Urego, and Chaverra. Appellants argue that revealing to the jury the amount and value of the cocaine, the relationships among the players, and the circumstances of the bonds caused the jury to perceive Chaverra as a major drug dealer who operated a large drug ring.

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879 F.2d 1551, 1989 U.S. App. LEXIS 10776, 28 Fed. R. Serv. 814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gustavo-chaverra-cardona-and-oscar-urego-ca7-1989.