United States v. Jose Alfredo Villegas, Jairo Rendon, Rodrigo Rendon, United States of America v. Jose Villegas

911 F.2d 623, 1990 U.S. App. LEXIS 15946
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 12, 1990
Docket88-5385, 88-5804
StatusPublished
Cited by42 cases

This text of 911 F.2d 623 (United States v. Jose Alfredo Villegas, Jairo Rendon, Rodrigo Rendon, United States of America v. Jose Villegas) 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. Jose Alfredo Villegas, Jairo Rendon, Rodrigo Rendon, United States of America v. Jose Villegas, 911 F.2d 623, 1990 U.S. App. LEXIS 15946 (11th Cir. 1990).

Opinions

ALDISERT, Circuit Judge:

Appellants Jose Alfredo Villegas, Rodrigo Rendon and Jairo Rendon were indicted by a federal grand jury in the Southern District of Florida for conspiring to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846 (Count I) and for possession with intent to distribute and distribution of at least five kilograms of cocaine, in violation of 18 U.S.C. § 841(a)(1) (Counts II and III). After a jury trial Rodrigo was found guilty on all counts and sentenced. His brother, Jairo, was convicted and sentenced on the conspiracy count only. Ville-gas entered a guilty plea and was thereafter sentenced.

In case No. 88-5385 we must decide whether there was sufficient evidence to support the convictions of appellants Rodrigo and Jairo Rendon. In case No. 88-5804 we must decide whether the district court correctly exercised its discretion in denying appellant Villegas’ request for reduction of sentence under Rule 35(b) Fed.R.Crim.P. Villegas first appealed from the final judgment and commitment order and filed a pro se brief which was docketed at No. 88-5385. After appealing, Villegas also wrote a letter to the sentencing judge which the judge treated as a modification of sentence pursuant to Rule 35(b) Fed.R.Crim.P. Although his letter is not of record, the request was denied. Villegas filed substantially the same brief in his second appeal, docketed at No. 88-5804 as he did at No. 88-5385. We have considered these separate Villegas’ appeals as consolidated.

The district court had proper jurisdiction and this court has jurisdiction under 28 U.S.C. § 1291. Appeal was timely filed under Fed.R.Crim.P. 4(b).

I.

On August 28, 1987, around 2:00 or 2:30 p.m., a professional cocaine dealer turned informant, Humberto Prieto, went to the office of Sergio Betancourt and Juan Etayo with undercover Ft. Lauderdale, Florida police detective, Tom Tiderington, posing as an alleged buyer, to discuss a proposed deal involving 17 kilograms of cocaine. The price agreed upon was set at $16,000 per kilogram. Several minutes into the discussion, Jose Villegas arrived, as planned, and took over the initiative of the conversation. The group agreed that when Villegas saw the money offered by the buyers, he would send for the cocaine. The group then dispersed.

When Prieto and Tiderington returned to the office around 6:00 p.m., Etayo and Be-tancourt were present. Villegas then arrived with Juan Duque. The participants agreed on the following plan: Detective Tiderington would supply a vehicle to Ville-gas; Villegas would then send someone with it who would load the cocaine into the car and park it in an undisclosed location; Detective Tiderington would then go to his car for the purpose of examining the cocaine; meanwhile the money would remain with Tiderington’s friend at or near the Betancourt/Etayo office. When satisfied, Tiderington would telephone his partner and the money would be released.

In acting out the planned scenario, Tider-ington left the office and went to the park[626]*626ing lot where Detective Anderson was stationed with money. Tiderington then returned to the room with $300,000 in cash. Villegas then went into a separate office with Tiderington to count the money. Satisfied that the money was there available, Villegas dispatched Duque to drive Detective Tiderington’s tan Toyota for the purpose of loading the cocaine.

Fort Lauderdale detectives followed the tan Toyota from the real estate office until its arrival at the home of Rodrigo Rendon. Duque was instructed by Villegas to obtain the cocaine from Rodrigo Rendon and put it in the trunk of Tiderington’s car. Arriving at the house, Duque spotted Jairo Ren-don standing outside the house. Jairo had the hood of his black Pontiac open and was drinking some whiskey while bent over the open engine, ostensibly working on the car. Duque said nothing to Jairo Rendon. Rodrigo Rendon opened the garage door and Duque brought the car into the garage, and closed the garage door. According to Duque, Rodrigo Rendon then brought the cocaine to Duque in a blue bag.

Duque and Rodrigo Rendon agreed that Rodrigo would follow Duque in a red Toyota van belonging to Villegas. Rodrigo then asked his brother, Jairo, to follow him in Jairo’s Pontiac to the Hollywood Mall, where Duque would take the van and Jairo Rendon would pick up his brother. The three cars — Tiderington’s tan Toyota, Ville-gas’ red Toyota van, and Jairo’s black Pontiac — then drove to the Hollywood Mall.

Upon arrival at the mall parking lot, Du-que parked the tan Toyota and then went to look for the red van. Duque saw Rodrigo Rendon walking in the lot towards the mall building, but Duque did not see Jairo Rendon. Duque then returned the red van back to the real estate office.

Villegas then sent Duque back to the Hollywood Mall with Tiderington so that Tiderington could view the cocaine as agreed. They arrived at the mall a short time later and walked over to the Toyota. Duque opened the trunk, and Tiderington observed 17 yellow packages. Tiderington told Duque he was satisfied and they closed the trunk and walked away from the car toward the mall to make the telephone call in order to release the money.

Rodrigo and Jairo Rendon were standing in the parking lot near the mall and watched as Duque and Detective Tidering-ton looked into the trunk of the tan Toyota. As Tiderington and Duque walked toward the mall building, Jairo and Rodrigo Ren-don walked to the black Pontiac which had been parked a few spaces away from the tan Toyota. The hood of the Pontiac was raised and both Jairo and Rodrigo watched Tiderington and Duque enter the building. In Agent McManus’ opinion, the Rendons were counter-surveilling the area.

Officers then arrested Duque inside the building and arrested the Rendons near the black Pontiac. At the time of his arrest, Jairo had the keys to the black Pontiac. The police said that a portable telephone was found in this car. Agent McManus took the keys and started the Pontiac’s engine without any difficulty. After receiving Tiderington’s telephone call, special agent Anderson went into the real estate office with other agents who arrested Etayo and appellant Villegas.

II.

Both Jairo and Rodrigo Rendon took the stand in their own defense. Jairo testified that Rodrigo had bought a house from Alfredo Villegas on August 27 and he and Rodrigo had celebrated its purchase that evening at the new house with Villegas and Duque. He said that Villegas came to his house in a red van and Duque arrived in a blue one, but they had left the two vans there when they went home because they had too much to drink. Jairo said that the next morning he and Rodrigo used the red van to move to the new house and that they had been together the whole day; Rodrigo had never gone to the real estate office.

Jairo testified that at about 6:00 p.m. on August 28, he had been tuning his brother’s black Pontiac when Duque drove into the yard. He stated that Duque had backed his car into a slot in the yard between the two vans, opened the trunk, and [627]*627appeared to be moving something, but Jai-ro could not see what it was.

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Cite This Page — Counsel Stack

Bluebook (online)
911 F.2d 623, 1990 U.S. App. LEXIS 15946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jose-alfredo-villegas-jairo-rendon-rodrigo-rendon-ca11-1990.