United States v. Pedro A. Garcia

66 F.3d 851, 1995 U.S. App. LEXIS 26707, 1995 WL 554620
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 19, 1995
Docket94-3141
StatusPublished
Cited by72 cases

This text of 66 F.3d 851 (United States v. Pedro A. Garcia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Pedro A. Garcia, 66 F.3d 851, 1995 U.S. App. LEXIS 26707, 1995 WL 554620 (7th Cir. 1995).

Opinion

COFFEY, Circuit Judge.

The appellant, Pedro Abelardo Garcia, pled guilty to cocaine distribution (in violation of 21 U.S.C. § 841) and conspiracy to distribute cocaine (in violation of 21 U.S.C. § 846). These charges stemmed from the sale of cocaine to an associate in Chicago, Illinois during late October 1992. On August 24, 1994, Garcia was sentenced to concurrent sentences of 292 months imprisonment and five years of supervised release, plus a special assessment in the amount of $100. On appeal, Garcia challenges his sentence. Specifically, he takes issue with the district court’s finding that he was responsible for transactions involving a total of between 60 and 150 kilograms of cocaine. We affirm.

BACKGROUND

The cocaine deal that led to Pedro Garcia’s arrest and indictment in 1992 was not the first or only drug transaction involving Garcia and an associate named Joseph Dieppa. According to Dieppa’s testimony at Garcia’s sentencing hearing, the two men bought and sold cocaine from each other and distributed the drug in the Chicago, Illinois area throughout the years 1987-1992. Dieppa testified that the total amount of cocaine involved in these deals was at least 155 kilograms.

Garcia & Dieppa: 1987-1988

From late fall of 1987 through December 1988, Garcia “fronted” 1 cocaine to Dieppa in a series of transactions that typically involved between 1 and 3 kilograms. After obtaining the drug from Garcia, Dieppa would sell it to his customers and then use the proceeds to pay Garcia (usually between $19,000 and $21,000 per kilogram). Dieppa and Garcia conducted their business at various locations in the Chicago area, including a shopping mall, a department store, the defendant’s apartment, and the defendant’s office. 2

The short-term consignment arrangement that existed between Garcia and Dieppa was not based solely on mutual trust. Rather, as is common in the drug trade, it was backed up by threats of violence. On one occasion, Garcia showed Dieppa a .38 caliber revolver he owned; on another, he showed Dieppa a .45 caliber weapon and told him that it had been a gift from a local gang leader. Garcia let Dieppa know that he carried a gun with him at times during drug transactions and that he “did not get burned” when it came to cocaine debts. He also related the story of how he had dispatched his son Pedro, Jr. to shoot up the shop of a drug customer who had been delinquent in paying off a cocaine debt.

Dieppa testified at the sentencing hearing that this early course of dealing between Garcia and himself, lasting from the Fall of 1987 through late 1988, involved a total of 60 kilograms of cocaine.

Garcia & Dieppa: 1988-Spring 1992

Towards the end of 1988, Garcia encountered supply problems. At about the same time, Dieppa and his wife moved to California, where a friend, Mike Massillo, introduced Dieppa to Carlos and Henry (“Juan”) Bejarano. The Bejaranos became a source of cocaine for Dieppa, who now switched roles and acted as Garcia’s supplier rather than his purchaser. Based on the testimony of Dieppa, the series of transactions involving the Bejaranos, Dieppa, and Garcia between late 1988 and the end of 1990 probably encompassed 85 or more kilograms of cocaine. Dieppa’s final purchase from the Bejaranos was a 95 kilogram transaction (only 20 of which ended up with Garcia). Dieppa never paid for 55 of the 95 kilograms he purchased in this final deal. After exhausting the supply of cocaine that he had thus stolen, Dieppa resumed purchasing cocaine from Garcia and *854 probably bought 10-15 kilograms from him between late 1991 and March of 1992.

Garcia & Dieppa: Denouement (Spring-Fall 1992)

When Carlos Bejarano expressed interest in arranging another deal with Dieppa in March or April of 1992, Dieppa stopped buying cocaine from Garcia. Dieppa planned to purchase 25 kilograms of cocaine from the Bejaranos, which he would then sell to Garcia and Mike Massillo. Unbeknownst to Dieppa, the Bejaranos were now cooperating with the government. 3 On April 27, 1992 Dieppa met with Carlos Bejarano and Massillo at a shopping mall in a Chicago suburb to discuss the deal. Garcia stood on a balcony above them in order to protect Dieppa, who understandably feared for his own safety because of his earlier theft from the Bejaranos. The deal contemplated by Dieppa was never consummated. Instead, DEA agents arrested Diep-pa on June 8, 1992. On August 26, 1992, he pled guilty to a drug conspiracy charge and agreed to cooperate with the government. Dieppa was released from custody in late September 1992 and for most of the month of October, as part of his cooperation with the government, recorded his telephone conversations with Garcia. The two discussed potential sources of cocaine, including the Be-jaranos. After lengthy negotiations, Garcia agreed to have his son Jose deliver one kilogram of cocaine to Dieppa in Chicago on October 27,1992. Jose made the delivery as planned, and Garcia was arrested the next day when he met Dieppa at a parking lot to collect his $20,000 payment.

Garcia and Martinez: 1989-1990

Although it was Garcia’s relationship with Joseph Dieppa that eventually led to his arrest and indictment, the defendant’s buying and selling of cocaine was not limited to Dieppa. In late 1989, Garcia began supplying cocaine to Rudy Martinez, a leader of the Chicago street gang known as the “Latin Rings.” Up until this time, Martinez had been Garcia’s neighbor and social companion, as well as being one of his cocaine suppliers. One of Martinez’s distributors, Cynthia Pluff, testified that she distributed between 2-3 kilograms of Martinez’s cocaine every week, on average, during the spring, summer, and fall of 1990. Martinez would purchase the cocaine and give it to Pluff in Chicago; she would then travel to St. Paul, Minnesota, where she distributed her drug supply to her regular customers. Pluff recalled that the cocaine came from Garcia approximately half of the time, and that she was able to tell when Garcia “fronted” the cocaine to Martinez because there was typically not much urgency about re-paying the source. By contrast, when Martinez received cocaine from his other major supplier, Jose Paz or “Pep,” payment was expected as soon as possible. According to Pluff, “When it was coming from Pep, I had to be back right away and when it was coming from Pedro [Martinez would] say, “You can take your time; you got two days,’ because it was coming from Pedro.”

Garcia’s Indictment and Guilty Plea

Following his arrest in October of 1992, Garcia was indicted by a federal grand jury, with his son Jose, on charges stemming from the sale of cocaine to Dieppa. As noted above, Dieppa was cooperating with law enforcement officials at the time of this transaction. The indictment charged father and son with conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846 (Count I), and distribution of cocaine, in violation of 21 U.S.C.

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Cite This Page — Counsel Stack

Bluebook (online)
66 F.3d 851, 1995 U.S. App. LEXIS 26707, 1995 WL 554620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-pedro-a-garcia-ca7-1995.