United States v. M.Calderin-Rodriguez

244 F.3d 977, 2001 WL 301165
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 29, 2001
Docket99-2890, 99-2891, 99-2892, 99-3055
StatusPublished
Cited by1 cases

This text of 244 F.3d 977 (United States v. M.Calderin-Rodriguez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. M.Calderin-Rodriguez, 244 F.3d 977, 2001 WL 301165 (8th Cir. 2001).

Opinion

JOHN R. GIBSON, Circuit Judge.

Miguel Calderin-Rodriguez, Alberto Martinez-Mostelier, Ernesto Contreras, and Ricardo Gorrín were each convicted of conspiracy to distribute cocaine, methamphetamine, and/or amphetamine, in violation of 21 U.S.C. § 846 (1994). The indictment named six other co-conspirators, five of whom pleaded guilty, and one of whom has never been apprehended. Calderin-Rodriguez was sentenced to 225 months imprisonment, Martinez-Mostelier to 178 months, Contreras to 92 months, and Gor-rín to 80 months. On appeal, the four argue 1 that there was insufficient evidence of conspiracy; that the district court 2 erred in admitting audio tapes of drug transactions and in allowing the jury to view transcripts of those tapes; that the court should have stricken testimony of one of the government’s witnesses because the government violated the court’s sequestration order; and that the court erred in imposing the sentences. We reject these and various other arguments. We affirm the convictions and sentences imposed.

The appellants and their co-conspirators sold cocaine and methamphetamine, oper *981 ating principally out of two apartment buildings in the town of Hastings, Nebraska. The indictment covered the period of August 1, 1996 through May 17, 1998. The government’s case consisted of testimony by undercover police and confidential informants who made controlled purchases of drugs from the group, audio tapes of those transactions, testimony by drag users who habitually bought drugs from the group, and evidence seized during searches of the apartments. The government also introduced the actual drugs purchased in the controlled transactions, as well as other drugs found in a hotel room after Gorrín had stayed there.

Kiley Bera gave the police entree to the drug world in Hastings. In late 1996 and 1997, she was in regular attendance at the apartment of Sammy Howell, a drug dealer who lived down the street from her. At Howell’s she encountered Miguel Calde-rin-Rodriguez and Alberto Martinez-Mostelier, who came to Howell’s about every day to deliver an ounce or so of methamphetamine and to collect money from Howell for past credit purchases. Later, she began to encounter Ignacio Ramirez at Howell’s. Ramirez was always there with either Calderin-Rodriguez or Martinez-Mostelier, or both, who would often actually deliver the drugs to Howell and collect the money from him, but who would turn the money over to Ramirez. Between January 1997 and November of that year, Ramirez was at Howell’s almost every day.

Bera visited the apartment of Ramirez, Calderin-Rodriguez, and Martinez-Moste-lier at 309 North Lexington, and she saw Ramirez and Martinez-Mostelier in the apartment with a scale and powder all over a table. Ramirez later moved to 316 North Bellevue, #1, where he lived with Ricardo Gorrín; Bera visited Ramirez there regularly from about October 1997 to April 1998, and she almost always saw methamphetamine and methamphetamine transactions there. She named eight of Ramirez’s customers, not counting the other members of the conspiracy. Ramirez told her he didn’t like to sell small amounts, so he would front methamphetamine to Geovoni San Pedro Lopez and Ernesto Contreras (who lived upstairs at 315 North Bellevue, #2), who would make the smaller sales. Bera saw Ramirez with between $4,000 and $5,000 cash, and he told her on different occasions that he was going out of town to pick up “crank” or “a package.”

Bera also knew Gorrín; she once saw him sell some cocaine to a customer when Ramirez wasn’t home. Ramirez told Bera in February or March 1998 that he was angry with Gorrín because Gorrín had fronted $3,000 worth of Ramirez’s methamphetamine to a woman.

Bera also testified about seeing Ramirez breaking up a large brick of methamphetamine, then weighing and packaging it. He put the small amounts into a plastic bag, then twisted the top and melted it with a lighter. Witness after witness testified that the drugs they got from the members of the alleged conspiracy were packaged in this way. Rita Hemmer, an experienced drug enforcement agent, said that she had never seen this characteristic packaging in any other case.

Another witness who bought drugs from the group was Clayton Smith, who testified that he bought methamphetamine from Ramirez about twenty times at the Belle-vue apartment. Smith also bought from Martinez-Mostelier at 309 North Lexington, which was known as “the office,” and the methamphetamine was packaged in the characteristic way already described. He bought cocaine and methamphetamine from Martinez-Mostelier for about six months. Once, when he went to buy drugs from Ramirez, Ramirez was not home, but Calderin-Rodriguez was there. Calderin-Rodriguez left the apartment, walked in the direction of the office, and returned with some methamphetamine for Smith, packaged in the characteristic way. Smith also purchased methamphetamine and cocaine from Contreras in the same type packages. At other times he bought from Gorrín when Ramirez was not home. Smith said Gorrín acted as doorman. Smith said, “[I]t was pretty much a net *982 work thing there, you know, if one didn’t have it, they would point which way to go to whoever had it.”

Lisa Doyen was another regular drug purchaser who testified that she bought methamphetamine from Calderin-Rodri-guez, Ramirez, and Martinez-Mostelier. She testified that she saw Calderin-Rodri-guez sell methamphetamine to five to fifteen other people.

Jeremy King also testified that he and his friends bought methamphetamine and cocaine from Martinez-Mostelier and Calderin-Rodriguez. On a couple of occasions, when Martinez-Mostelier or Calde-rin-Rodriguez didn’t have the drugs, they sent him to Ramirez. Once, when King came to buy cocaine from Martinez-Moste-lier and Calderin-Rodriguez, he was greeted with suspicion. Someone patted him down, and Calderin-Rodriguez laid a gun on the table. Another time, after he bought some methamphetamine from Calderin-Rodriguez, he complained that it looked Short. Another indicted co-conspirator, Leo Parra, gave King some methamphetamine out of his pocket to make up for the underweight package.

Charles Lahiff was yet another regular drug purchaser who testified about goings-on at the office. He ran into Ramirez there and bought methamphetamine from him frequently after that. He bought methamphetamine and cocaine from Calderin-Rodriguez beginning in 1996 and from Martinez-Mostelier at about the same time. Lahiff participated in nine controlled buys in cooperation with the police. He wore a body wire that transmitted radio waves during these transactions. The police taped the transmissions, and the government introduced the tapes into evidence. Participants in the taped transactions with Lahiff included Calde-rin-Rodriguez, Contreras, and Gorrín, as well as other indicted co-conspirators. Often, more than one conspirator was involved in a single transaction. For instance, on May 1, 1998, Lahiff went to the office to buy from someone who was not indicted in this case; he ended up actually buying the drug from Contreras, but while Contreras was out picking up the merchandise, Calderin-Rodriguez forced Lah-iff to sniff cocaine.

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244 F.3d 977, 2001 WL 301165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mcalderin-rodriguez-ca8-2001.