United States v. Juvenal Orozco-Picazo

391 F. App'x 761
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 6, 2010
Docket09-10352
StatusUnpublished
Cited by1 cases

This text of 391 F. App'x 761 (United States v. Juvenal Orozco-Picazo) 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. Juvenal Orozco-Picazo, 391 F. App'x 761 (11th Cir. 2010).

Opinion

PER CURIAM:

After pleading guilty, Juvenal Orozco-Picazo appeals his convictions and sentences for conspiracy to distribute more than five kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). After review, we affirm in part and dismiss in part.

I. BACKGROUND

A. Indictment

A grand jury indicted Orozco-Picazo (along with several co-defendants) with (1) *762 conspiracy to distribute more than five kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, (“Count One”); (2) attempt to distribute more than five kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, (“Count Two”); (3) possession with intent to distribute more than five kilograms of cocaine, in violation of 21 U.S.C. § 841(a)(1), (“Count Three”); and (4) possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c), (“Count Four”). The charges arose out of an undercover operation in which a confidential informant (“Cl”), working with a drug task force, arranged to purchase five kilograms of cocaine. Defendant Orozco-Picaso drove his brother to the prearranged meeting location with the cocaine in a bag in the trunk of the car.

The defendants, including Orozco-Pica-zo, initially pled not guilty and filed various pre-trial motions to suppress. In particular, Defendant Orozco-Picazo moved to suppress his statement to officers after he was detained.

B. Suppression Hearing

At an evidentiary hearing before a magistrate judge, task force officers testified about the undercover “buy/bust” operation. Their Cl arranged to buy ten kilograms of cocaine for $19,250 per kilogram from co-defendant Cecil Young on February 22, 2007 at a residence on 7421 Pen-land Drive in Riverdale, Georgia. Officers set up surveillance around the residence. The Cl was equipped with a monitoring device so that officers could hear and record the transaction.

The Cl went into the residence and met with co-defendants Young and Wayne Taylor. Young said that five kilograms were being brought to the house and that the other five kilograms would be brought later. Taylor made a telephone call to the cocaine supplier he called “Poppy” and then reported to the Cl that the supplier was on the way. While they waited, Young made another telephone call to “Poppy” and reported that the cocaine supplier was five or ten minutes away. The Cl then‘called an undercover officer posing as the potential buyer and relayed that information to him. Young made a third telephone call to “Poppy” and said “Oh, you’re outside.” A few seconds later, surveillance officers observed a gold Impala pull into the driveway of the residence.

Defendant Orozco-Picazo was driving the Impala, and co-defendant David Castro-Romero was a passenger. They got out of the car. Orozco-Picazo took a large white bag from the trunk of the car and walked toward the door of the residence. While Taylor waited in the TV room with the Cl, Young went to the door. Young brought Defendant Orozco-Picazo and Castro-Romero into the house and introduced them to the Cl. At this point, co-defendant Castro-Romero was carrying the bag. With all four co-defendants in the room, Young took the bag from Castro-Romero and emptied the contents onto a coffee table, revealing packages of cocaine. Officers overheard Taylor state that “they have good stuff, open it up, take a look.” The Cl asked for a knife and cut into one of the packages to make sure it was cocaine. The Cl then said he would be back shortly with the money and. left.

Afterward, officers obtained a search warrant for the residence. When the warrant was executed, officers found all four co-defendants, including Defendant Or-ozco-Picazo, in the room with the cocaine. Officers found a loaded nine millimeter handgun in Orozco-Picazo’s waist area. They also found on Orozco-Picazo approximately $1,673 in U.S. currency. After Miranda warnings were given, the men gave statements to the officers. A Spanish- *763 speaking officer, Agent Eric Arroyo, gave Orozco-Pieazo his Miranda warning in Spanish and translated while Orozco-Pica-zo was interviewed.

The magistrate judge entered a report (“R & R”) recommending, inter alia, denial of Defendant Orozco-Picazo’s motion to suppress. After reviewing the hearing transcript, the district court overruled Or-ozco-Picazo’s objections to the R & R and denied his motion to suppress.

C. Plea Agreement

A few days prior to trial, Orozco-Picazo entered into a written plea agreement to plead guilty to Counts One (cocaine conspiracy) and Four (firearm). The plea agreement stated that, as to Count One, Orozco-Picazo admitted that: (1) there was an agreement between two or more persons to distribute cocaine and (2) he became a member of that conspiracy knowing of its object and intending to help accomplish it. As to Count Four, Orozco-Picazo admitted that: (1) he committed the drug trafficking offense as charged in Count One, (2) during the commission of that offense, he possessed a firearm, and (8) he “possessed the firearm in furtherance of the drug trafficking offense.” Or-ozco-Pieazo admitted that he was pleading guilty because he was in fact guilty of Counts One and Four and that the conspiracy involved 6.95 kilograms of cocaine, which was reasonably foreseeable to him.

The plea agreement also contained an appeal waiver which stated:

To the maximum extent permitted by federal law, the defendant voluntarily and expressly waives the right to appeal the conviction and sentence and the right to collaterally attack his conviction and sentence in any post-conviction proceeding, including a § 2255 proceeding, on any ground, except that the defendant may file a direct appeal of a sentence higher than the otherwise applicable advisory sentencing guideline range. The defendant understands that this Plea Agreement does not limit the Government’s right to appeal, but if the Government appeals the sentence imposed, the defendant may also file a direct appeal of his sentence.

Orozco-Picazo signed the plea agreement, certifying that he had read, understood and discussed the agreement with his attorney.

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Bluebook (online)
391 F. App'x 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-juvenal-orozco-picazo-ca11-2010.