United States v. Ortiz-Martinez

1 F.3d 662, 1993 WL 272040
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 23, 1993
DocketNos. 91-3856, 91-3858, 91-3866, 91-3872, 91-3873, 91-3875
StatusPublished
Cited by85 cases

This text of 1 F.3d 662 (United States v. Ortiz-Martinez) 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. Ortiz-Martinez, 1 F.3d 662, 1993 WL 272040 (8th Cir. 1993).

Opinions

WOLLMAN, Circuit Judge.

Candido Ortiz-Martinez, Gabriel Ramirez-Nazar, Carlos Fuentez, Jorge Rodriguez-Calderon, Stanley Pruitt, and Francisco Santana appeal from their convictions and sentences for drug-related offenses. We affirm.

I.

In May 1989, following a series of events related to drug trafficking, the government began a multi-jurisdictional investigation of an extensive cocaine distribution network. The investigation involved cooperative efforts by the federal Drug Enforcement Administration (DEA), the St. Louis Metropolitan Police Department, the Internal Revenue Service, and various state and municipal police authorities throughout the United States.

The cocaine distribution network began in January 1988 and lasted until February 1990. The network was headquartered in Passaic and Patterson, New Jersey, and was managed and staffed by a closely-knit group of individuals, most of whom had immigrated from the Dominican Republic or were of Hispanic origin.

The government’s investigation led to the conclusion that the conspiracy’s “kingpin” was Francisco Santana. Santana, along with John Yazbek of Miami, was the primary organizer, manager and cocaine supplier of the network. Beginning in 1988, Santana began shipping cocaine from his base of operations in New Jersey to St. Louis, Missouri through a distribution network of couriers and middlemen, including appellants Gabriel Ramirez-Nazar and Jorge Rodriguez-Calderon. Ramirez, Rodriguez, and seven other middlemen in turn sold to twelve wholesale buyers in St. Louis, including Candido Ortiz-Martinez and Carlos Fuentez. The wholesale buyers in turn sold to a series of retail buyers, including Stanley Pruitt, who ultimately distributed the drugs to local purchasers and addicts in the St. Louis area. Santana’s organization was responsible for the distribution of more than 100 kilograms of cocaine in the St. Louis area.

On February 9, 1990, a grand jury in the Eastern District of Missouri returned an indictment charging twenty-two individuals with various offenses related to the conspiracy to distribute cocaine. The conspiracy had included many other participants who had not been indicted at the time of trial, some of whom served as witnesses against their former colleagues. Of the twenty-two defendants, four remained fugitives at the time of the trial, one (Jose Hernandez) died awaiting trial, and eleven pled guilty before or during trial; the remaining six defendants, appellants herein, were tried and convicted of a variety of narcotics-related crimes.

The government’s evidence at trial consisted of the testimony of law enforcement officials and numerous unindicted co-conspirators. In addition, the government provided the following physical evidence: the seizure of drug quantities; currency from drug proceeds; personal property obtained with drug proceeds; weapons; telephone toll records; bank records; and transcripts of undercover surveillance operations. The jury found each of the defendants guilty of conspiring to distribute and possess with the intent to distribute five or more kilograms of cocaine between January 1988 and February 1990. In addition, the jury found each defendant guilty on all additional counts charged. The district court sentenced the defendants to terms of imprisonment ranging from 188 months to 900 months.

II.

We first examine issues raised by the individual appellants, followed by the two issues that are raised by more than one appellant, and conclude with sentencing issues.

A. Francisco Santana

Santana was convicted of two offenses: (1) conspiracy to distribute and possess with intent to distribute five or more kilograms of cocaine between January 1988 and February 1990; and (2) attempted interstate travel to distribute drug proceeds in violation of 18 U.S.C. § 1952. The district court sentenced Santana to a total term of 600 months’ imprisonment, to be followed by five years of supervised release.

[667]*667Santana argues that the district court abused its discretion in denying his motion for a continuance based upon the illness of one of his attorneys, Worsham Caldwell. Santana also argues that the district court violated his Sixth Amendment right to effective assistance of counsel by requiring Caldwell’s replacement, Richard Hughes, to complete the trial. We address these contentions in turn.

We have noted that “[a] trial judge has broad discretion in deciding whether to grant or deny a motion for a trial continuance.” United States v. Heine, 920 F.2d 552, 555 (8th Cir.1990). “ ‘To determine whether the trial court has abused its discretion, the reviewing court will consider factors including counsel’s time for preparation, conduct of counsel at trial and presence of prejudice in the record.’ ” United States v. Bayless, 940 F.2d 300, 302 (8th Cir.1991) (quoting Nerison v. Solem, 715 F.2d 415, 418 (8th Cir.1983), cert. denied, 464 U.S. 1072, 104 S.Ct. 983, 79 L.Ed.2d 220 (1984) and 465 U.S. 1026, 104 S.Ct. 1283, 79 L.Ed.2d 686 (1984)).

Santana was represented by the law firm of Shaw, Howlett and Knappenberger from February 1990 until November 9, 1990, when the Shaw firm withdrew and Santana replaced it with the law firm of Caldwell, Hughes, McHugh and Singleton. The entry of appearance was signed by Richard G. Hughes, and the District Court Clerk’s Office directed all of its mailings to his attention during the case. Hughes also participated in lengthy and ultimately futile plea negotiations with the U.S. Attorney’s office on Santana’s behalf.

The trial began on August 12, 1991, with Caldwell acting as Santana’s trial counsel. On Friday, August 23, Hughes informed the court that Caldwell had been forced to undergo surgery and requested a continuance of a week for him to prepare to substitute as Santana’s trial counsel. The district court denied Hughes’ motion and ruled that it would hold trial from August 26 through August 28, but agreed to continue the case from August 29, to resume five days later on September 3, 1991. On August 26, Madelyn Torres delivered testimony potentially damaging to Santana; however, the trial transcript demonstrates that Hughes skillfully cross-examined her. Moreover, Caldwell was in fact present and assisted Hughes on August 26. Caldwell was not present on August 28, but no testimony was offered on that date directly pertinent to Santana. When the trial resumed on September 3, both Hughes and Caldwell were present, as they were on every day thereafter. Indeed, with the exception of two days, Caldwell was present and available to assist Hughes in Santana’s defense.

By requesting a continuance of one week, Hughes presumably believed that seven days would suffice to bring him up to speed on the case. Between August 23, when Hughes requested the continuance, and September 3, when he was rejoined by Caldwell, Hughes had, in fact, a total of seven days off. The only testimony during the intervening time period that directly incriminated Santana came from Marilyn Torres, and the record demonstrates that Hughes’s cross-examination was skilled and thorough.

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1 F.3d 662, 1993 WL 272040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ortiz-martinez-ca8-1993.