United States v. Jorge Wilmar Guarin Melchor

360 F. App'x 8
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 4, 2010
Docket09-10268
StatusUnpublished
Cited by1 cases

This text of 360 F. App'x 8 (United States v. Jorge Wilmar Guarin Melchor) 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. Jorge Wilmar Guarin Melchor, 360 F. App'x 8 (11th Cir. 2010).

Opinion

PER CURIAM:

Jorge Wilmar Guarin Melchor (“Mel-chor”) appeals his convictions for conspiring and aiding and abetting others to import, transport in interstate and foreign commerce, and harbor illegal aliens. He contends there was insufficient evidence to support his convictions. After careful review of the record, we AFFIRM.

I. BACKGROUND

Melchor was charged in an eight-count indictment with conspiracy to import illegal aliens for the purposes of prostitution, transport illegal aliens in interstate and foreign commerce for purposes of prostitution, and harbor illegal aliens, in violation of 8 U.S.C. § 1324(a)(l)(A)(v)(I) and 18 U.S.C. § 371 (count one); concealing and harboring illegal aliens for purposes of financial gain, in violation of 8 U.S.C. §§ 1324(a)(1)(A)(iii) and (a)(l)(B)(i) (counts two and three); aiding and abetting the importation of illegal aliens for purposes of prostitution, in violation of 8 U.S.C. § 1328 and 18 U.S.C. § 2 (counts four and five); aiding and abetting the transportation of an individual in interstate and foreign commerce for purposes of prostitution, in violation of 18 U.S.C. §§ 2421 and 2 (counts six and seven); and illegal reentry by a deported alien, in violation of 8 U.S.C. § 1326(a) (count eight).

*10 Melchor pled guilty to count eight prior to trial. In May 2007, a jury found him guilty of the remaining seven counts. In January 2009, the court sentenced Melchor to concurrent terms of 96 months in prison on each count from one through seven, and 24 months on count eight, to be followed by a total of three years of supervised release.

At trial, “Wendy” and “Angelica”, 1 both Guatemalan citizens, testified that they were smuggled into the United States from Guatemala by a series of “coyotes” or human traffickers. Both Wendy and Angelica hoped to create a better life for their families by working in America. Wendy was told before the trip that it would cost $16,000, which she would pay back through her earnings as a waitress. Angelica was similarly told that she would pay for her travel by working as a waitress in the United States, although she was not told up front the exact amount. Each woman was instructed to bring only minimal clothing.

The arduous journey spanned 15 days. Communicating via cell phone, coyotes shepherded Wendy and Angelica through Guatemala across a river into Mexico. Before crossing into Mexico, a coyote confiscated their identification documents. Another person named “Sandy" joined the two women in Mexico. The women then sailed with three coyotes across the Rio Grande River into Texas. They trekked for several days through the woods until another coyote picked them up in a van and drove them to Houston. From there, a new coyote transported them to Tallahassee, Florida. Along the way, the driver arranged to have someone meet them in Tallahassee. Melchor was waiting for the women when they arrived in Tallahassee on Friday, 14 July 2006.

Melchor took the women to his home. Speaking in Spanish to Wendy and Angelica, he asked them their names and where they were from. Both women said they were from Guatemala. Melchor informed them the trip cost $16,000, which they would pay back by working as prostitutes. When they indicated they thought they would have a different job, Melchor did not respond. Melchor then took the three women clothes shopping. Afterwards, Melchor instructed Wendy and Angelica “to get ready ... to go to the job.” R4 at 81.

Melchor drove Wendy and Angelica to a trailer, where he explained that six men inside “would choose which one would have sex with them.” Id. at 84. Wendy had sex with five of the men, using condoms that Melchor had provided. Each of these men paid Melchor $30. Melchor proceeded to a second trailer, where Angelica went inside alone and had sex with seven or eight men. At the next two trailers, both women had sex with several men. At this point, they told Melchor they wanted to stop, but he replied that they needed to have sex with at least 12 to 15 men per night because other women had serviced up to 25 men a night. Melchor took them to at least ten trailers that night.

Early the next morning, Melchor again ordered Wendy and Angelica “to get ready because [they] had to go out again.” Id. at 92. When Wendy protested, Melchor immediately called someone to complain. Sandy and another man told Wendy and Angelica that they would have to keep working in order to pay off their debt, referring to their travel expenses for being brought into the United States. That Saturday night, Angelica and Sandy went with Melchor to nine or ten trailers, where they both had sex in exchange for money paid *11 to Melchor. Wendy refused to go, stating that she had no clothing.

On Sunday morning, 17 July 2006, Wendy and Angelica planned their escape. As soon as Melchor left with Sandy to buy more clothes, Wendy and Angelica ran out of the house. They knocked at several houses before a woman finally opened her door and let them in. Both Wendy and Angelica were crying and shaking, and they looked “scared to death.” Id. at 31. With the help of a Spanish translator, the neighbor learned that the women had been held as sex slaves. The neighbor then contacted the police.

Several of Melchor’s clients testified at trial that Melchor, known as “Toty,” regularly supplied them with women from Central and South America to have sex with for fifteen minutes for $30. One man remembered paying for sex with a Guatemalan woman on Friday night, 14 July 2006. Melchor told one of his customers that the women came from Central American countries. When a client asked Melchor why he brought certain women, Melchor explained that he supplied whoever “they were giving to him.” R5 at 246. Another customer testified that one of the women had fresh marks and scratches resembling the ones he received from thorny bushes when he illegally entered the United States.

From January through July 2006, Mel-chor made over 2100 cell phone calls to long-distance numbers. Most of the calls were to Florida, Texas, and Georgia. Of the Texas calls, the majority involved Houston numbers. Melchor made an additional 833 calls using a calling card for long-distance and international numbers. He supplied Angelica with a calling card and his phone so that she could contact her husband in Guatemala. During the three days that Wendy and Angelica were in Melchor’s custody, Melchor received at least 35 calls from Guatemala.

Melchor did not move for a judgment of acquittal at the close of evidence.

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Bluebook (online)
360 F. App'x 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jorge-wilmar-guarin-melchor-ca11-2010.