United States v. Lawrence Perez

580 F. App'x 795
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 22, 2014
Docket13-12534
StatusUnpublished

This text of 580 F. App'x 795 (United States v. Lawrence Perez) 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. Lawrence Perez, 580 F. App'x 795 (11th Cir. 2014).

Opinion

PER CURIAM:

Lawrence Perez is a former detective with the Hialeah Gardens Police Department. Over the course of several months, he used his authority as a police officer to help his drug-dealing friend procure and transport marijuana. In return he received a share of the profits that his friend made when the marijuana was sold. An FBI investigation led to Perez’s arrest, and a jury eventually convicted him of conspiring and attempting to possess marijuana with the intent to distribute. He was sentenced to 151 months imprisonment for his crimes. This is his appeal.

I. Facts

Around 1996 or 1997 and before he became a police officer, Perez met Carlos Santurtun Teran and the two men became close friends. 1 Over the course of their friendship, Perez learned that Teran was a convicted felon who was making money as a marijuana dealer. The two men maintained their friendship after Perez became a police officer, and Teran continued to tell Perez about his deals buying and selling marijuana. At some point during their relationship, Perez told Teran that he could “count on him” to help with “whatever [Teran] needed him to do” to further his marijuana deals, so long as Perez “could make some money.” Perez offered to help Teran because he needed money to pay child support. He also needed money to pay for the house where his ex-wife and child lived, as well as the apartment where he lived with his girlfriend.

A. Perez and Others Steal Ten Pounds of Marijuana from a Drug Dealer

In March 2010 Perez, Teran, and two other men — Wilfredo Gonzalez Arce and Javier Lopez — devised a plan to steal ten pounds of marijuana from Danny Zequi-era, an acquaintance of Lopez. Teran proposed to the group that they could steal the marijuana by having Perez perform a traffic stop of the car that Zequiera would be traveling in with the marijuana.

Pursuant to the plan, Lopez told Zequi-era that Arce had a buyer for his marijuana, and Zequiera met Arce at Lopez’s house to bring the drugs to Arce’s buyer. Zequiera placed the marijuana in Arce’s car, and the two of them drove together toward Miami Beach to meet the alleged buyer. On the way to Miami Beach, Arce drove past an intersection where Perez was waiting in an unmarked police car. At that intersection, Arce intentionally rán a stop sign and Perez pulled the car over. After Arce and Zequiera gave Perez their drivers’ licenses, Perez asked for Arce’s consent to search the car because he said he smelled “a bad odor” inside the car. *798 Arce consented to the search, and Perez “discovered” Zequiera’s marijuana when he opened the trunk of the car. Arce told Perez that the marijuana belonged to him, and Perez allowed Zequiera to leave because Arce had claimed responsibility for the marijuana. Perez cuffed Arce and placed him in his police car. In the meantime, Teran, who was nearby in his car, called for a tow truck to come get Arce’s ear. Perez began driving toward the jail with Arce in case he was being followed, but he soon changed course and drove to Teran’s house.

After Zequiera, Arce, and Perez left the scene of the traffic stop, Zequiera retrieved his car from Lopez’s house and returned to the scene of the stop. He saw the tow truck taking away the car and he followed the truck, eventually ending up at Teran’s condo. He made his way inside and confronted Arce, Teran, and Perez about the theft. Although Perez “wanted to shoot” Zequiera, Teran defused the tension and convinced Zequiera to come back the next day for his marijuana. But Teran never returned the marijuana, telling Ze-quiera that “the policeman [did not] want to give it” back. Teran eventually sold the marijuana for $33,000 and split the proceeds between himself, Arce, and Perez.

More than a month after the conspirators stole Zequiera’s marijuana, Teran and Perez met with Eric Diaz, one of Teran’s associates, to plan a “rip” of a woman who was driving from New York to Broward County with a large amount of money to purchase marijuana. 2 Diaz was an FBI informant, and he recorded the conversation he had with Teran and Perez. During the conversation, Teran and Perez told Diaz about how they had ripped off Zequi-era. Teran recounted how Perez “was going to shoot” Zequiera until Teran “got in the middle and told him not” to do it. Perez confirmed Teran’s version of events, responding with comments such as “[n]o kidding bro” and “I swear to God, bro.” Perez also said to Diaz: “I’d kill him bro, we needed [the marijuana] so badly.”

B. Perez, Teran, and Arce Steal 14 Pounds of Marijuana from Drug Dealers

In May 2010 Arce learned that one of his father’s friends was looking to sell 14 pounds of marijuana. He set up a meeting with Teran and Perez, and the three men agreed that Perez would perform another phony traffic stop so they could steal the marijuana from the seller, just as they had done with Zequiera. Following through with the plan, Arce met with the seller on May 24 at a prearranged location and told the seller that he would lead him to the buyer. Perez, who was dressed in his police uniform and waiting nearby in his police car, followed Arce and the seller. 3 He eventually pulled over the seller’s car and brought 14 pounds of marijuana to Teran’s house after the stop. Teran then sold the drugs and divided the proceeds between himself, Perez, and Arce. Perez’s share was $17,600.

C. Teran Transports Marijuana with Perez Serving as an Escort

Jesus Mancha Guerra, a marijuana grower, was one of Teran’s suppliers. On July 10, 2010, Teran went to the home of Guerra’s cousin to pick up 35 pounds of marijuana that he had purchased from Guerra. When Teran arrived to pick up the *799 drugs, he called Perez and asked him to come escort him while he was driving with the marijuana, explaining that he wanted Perez to protect him and his illicit cargo “from any person who might try to rip us off or [from] some police officer who might stop us.” 4 Perez came to the house and left with Teran, following his friend’s car until Teran felt safe enough for Perez to leave.

Ten days later, on July 20, 2010, Teran went back to Guerra’s cousin’s house and bought about 40 pounds of marijuana. He called Perez’ and again asked his friend to escort him while he was transporting the marijuana. 5 Perez agreed to help, and he drove to the cousin’s house and followed Teran while he was driving with the drugs in his car. For his assistance on those two occasions, Teran paid Perez about $1,400.

D. Teran, Perez, and Others Plan to Steal Marijuana Plants from a Warehouse

On July 25, 2010, Guerra spoke over the phone ^with Teran about a “huge” warehouse where he knew marijuana was being grown. - Guerra and Teran discussed robbing the warehouse, but Guerra said that it would be a difficult job because the warehouse doors were “very strong” and made of metal. He also mentioned that the people inside were armed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Rivera
77 F.3d 1348 (Eleventh Circuit, 1996)
United States v. Carothers
121 F.3d 659 (Eleventh Circuit, 1997)
United States v. Chastain
198 F.3d 1338 (Eleventh Circuit, 1999)
United States v. Karl T. Waldon
363 F.3d 1103 (Eleventh Circuit, 2004)
United States v. Marvin Baker
432 F.3d 1189 (Eleventh Circuit, 2005)
United States v. Anthony Harris
443 F.3d 822 (Eleventh Circuit, 2006)
United States v. Dohan
508 F.3d 989 (Eleventh Circuit, 2007)
United States v. Seher
562 F.3d 1344 (Eleventh Circuit, 2009)
United States v. Brannan
562 F.3d 1300 (Eleventh Circuit, 2009)
United States v. Epps
613 F.3d 1093 (Eleventh Circuit, 2010)
United States v. Rodriguez
627 F.3d 1372 (Eleventh Circuit, 2010)
United States v. Edgar Jamal Gamory
635 F.3d 480 (Eleventh Circuit, 2011)
United States v. Barrington
648 F.3d 1178 (Eleventh Circuit, 2011)
United States v. James E. Brown and David R. Scott
604 F.2d 347 (Fifth Circuit, 1979)
Larry Bonner v. City of Prichard, Alabama
661 F.2d 1206 (Eleventh Circuit, 1981)
United States v. Wallace David Eley
723 F.2d 1522 (Eleventh Circuit, 1984)
United States v. David Dominic Necoechea
986 F.2d 1273 (Ninth Circuit, 1993)
United States v. Sanders
668 F.3d 1298 (Eleventh Circuit, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
580 F. App'x 795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lawrence-perez-ca11-2014.