United States v. Munoz

16 F.3d 1116, 1994 WL 60592
Court of Appeals for the Eleventh Circuit·Decided March 17, 1994·No. Nos. 90-3047, 91-4215·Published·Cited by 67 cases

Opinion

FRIEDMAN, Senior Circuit Judge:

These are two consolidated appeals by eight persons from their convictions in the United States District Court for the Middle District of Florida of (1) possession of marijuana with intent to distribute it, in violation of 46 U.S.C.App. § 1903 and 18 U.S.C. § 2, (2) conspiracy to import marijuana, in violation of 21 U.S.C. §§ 963 and 952 and (3) attempted importation of marijuana, in violation of the latter two provisions. The criminal prosecution stemmed from an unsuccessful attempt by the appellants and others to import at least 18,000 lbs. (9 tons) of marijuana from Central America by concealing it aboard a large tugboat that sailed from Mexico across the Gulf of Mexico, and offloading the marijuana at sea about 100 miles west of the coast of Florida into several “fast boats” for transportation to the mainland. The scheme collapsed when a coast guard cutter approached the tugboat during the night time offloading. The tugboat and the fast boats attempted to flee from the cutter. After pursuit, the coast guard apprehended and seized the tugboat and one of the fast boats. Substantial evidence reflecting the appellants’ guilt was seized from the tugboat.

The appellants challenge their convictions on a number of grounds, and one of them challenges his sentence. We reject all of these contentions and therefore affirm.

I

There was evidence from which the jury could have found the following facts and drawn the following inferences:

In March 1989, the Turtola, a 105 foot tugboat, sailed from Panama and, after stopping in Mexico, headed for Tampa, Florida. The Turtola’s cargo consisted of at least 18,-000 pounds of baled marijuana, stacked in a below-deck, false compartment that had been made from the center fuel tank. The Turtola carried no other cargo. It had a crew of six, all of whom were defendants at trial and four of whom are appellants.

On April 5, 1989, the Turtola reached a remote point approximately 100 miles off of the west coast of Florida in the Gulf of [1119]*1119Mexico. The Turtola then met up with several “go fast” boats after 9:00 p.m., and began offloading the marijuana to those boats. The appellant Rengifo-Baeelli, a crewman aboard the Turtola, admitted that he had participated in the offloading.

Shortly after the rendezvous between the Turtola and the go-fast boats, a Coast Guard cutter approached the Turtola, which was well lit with deck and work lights. When the coast guard vessel turned its spotlight on the Turtola, the go-fast boats quickly departed in various directions without lights and at high speeds. A Coast Guard agent conducting aerial surveillance of the scene saw five boats depart from the Turtola, after the Coast Guard cutter turned on its spotlight, including the white boat discussed below. The Turtola attempted to flee.

Another Coast Guard cutter attempted to stop the Turtola. The latter first took evasive action and then attempted to ram the Coast Guard vessel. After the Coast Guard fired shots over the bow of the Turtola, the Turtola stopped.

Coast Guard personnel boarded the vessel and immediately smelled marijuana. They discovered a freshly cut hole, large enough for a man to fit through, in the floor of the mess hall. Next to the hole were concrete and tile chips and a cutting torch. A small package of marijuana was on deck near the hole. The hole led to the false storage compartment made from the fuel tank. The storage area contained 18,000 pounds of bailed marijuana. One side of the storage compartment was filled with marijuana, while the other side was only partially filled with it. The bales were encased in plastic packaging. Coast Guard personnel found and seized a number of other items on the Turtola, including certain bank documents, the admission of which into evidence is discussed in part III of this opinion.

The four fast boats were subject to aerial surveillance from the time they put to sea until they reached the Turtola. Although the surveillance did not constantly keep the boats in view on the radar screens, it did track their courses on radar, and the boats were constantly on radar when in the area around the Turtola. All four boats took the identical course upon leaving Florida heading for the rendezvous point.

There was more detailed evidence about two of the fast boats: a dark blue boat which three of the defendants (the appellants Lewis, Frese, and Slappey) were aboard, and a white boat manned by the defendants Cruz, Lugo, and Rodriguez.

The previous day, law enforcement officials observed the dark blue boat being hauled by a pickup truck along Interstate Route 75 to a Mobil service station in Naples, Florida. At the Mobil station, Lewis told an undercover agent that the boat had been sold and brought from Fort Lauderdale for delivery. On the evening before the rendezvous with the Turtola, Slappey, Frese, and Lewis checked into the Knights Inn in Naples. The next morning, they were observed refueling the dark blue go-fast boat, which was then tracked on a course that took it 100 miles into the Gulf of Mexico to the Turtola.

After the coast guard interrupted the offloading and the dark blue fast boat fled the scene without lights, a coast guard pilot in a helicopter who pursued the boat in the darkness turned a spotlight on the boat and saw a light colored cargo that resembled marijuana bales. On a second spotlighted passage over the boat, no cargo was visible. After a coast guard vessel pursued the dark blue boat and unsuccessfully tried to get it to stop, the coast guard boarded the vessel, which was travelling at a speed of fifteen knots. The boat carried communications equipment that connected with another go-fast boat and the Turtola, and a book of matches from the Knights Inn. A small quantity of mariguana was found on board. Paint on the blue boat’s hull matched the Turtola’s paint.

On the day before the rendezvous, another customs agent observed the white go-fast boat in Naples, Florida. The agent testified that it was unusual to see such a vessel around Naples on a Tuesday evening. The agent observed Cruz and Lugo at close range and identified them at trial. He saw them launching the boat. The next day the agent surveilled the white boat from the air to a point approximately 80 miles off shore, heading for the Turtola.

[1120]*1120After the white boat left the rendezvous, it headed toward the Florida coast without lights. At some point, the boat’s motor apparently failed, the boat stopped moving, and the coast guard seized it. On boarding the boat, coast guard personnel immediately smelled bleach. In addition, the LORAN coordinates of the vessel (used for navigation) were nonsensical, suggesting tampering. “For sale” signs had been removed. The boat was the.one the agent originally had seen in Naples.

The morning after their apprehension on the dark blue fast boat, Slappey, Frese, and Lewis were transported to shore aboard a Coast Guard vessel. The three men were taken on deck, where a Coast Guardsman pointed out the Turtola, which also was being taken in by the Coast Guard. When Slappey saw the Turtola, he said “Oh, shit.” Defendant Frese, upon seeing the Turtola, lowered his head.

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

United States v. Munoz, 16 F.3d 1116, 1994 WL 60592 (11th Cir. 1994).

16 F.3d 1116 (United States v. Munoz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related