United States v. Quinones-Cedeno

51 F. App'x 558
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 20, 2002
DocketNos. 01-1140, 01-2030
StatusPublished
Cited by5 cases

This text of 51 F. App'x 558 (United States v. Quinones-Cedeno) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Quinones-Cedeno, 51 F. App'x 558 (6th Cir. 2002).

Opinion

PER CURIAM.

Defendants Lazaro Quinones and Ricardo Rodriguez, along with six co-defendants, were charged in a one-count indictment with conspiracy to possess cocaine with the intent to distribute and conspiracy to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and § 846. The other defendants entered guilty pleas, but Qui-nones and Rodriguez pleaded not guilty and were convicted at the end of a two-week-long trial. On appeal, both defendants claim that the evidence was insufficient to support the jury’s verdict, that there was a fatal variance between the proof at trial and the indictment, and that the jury should have been instructed on the law regarding multiple conspiracies. In addition, Quinones claims that the district judge erred in admitting an anonymous note introduced by the government under an exception to the hearsay rule, and Rodriguez contends that the affidavit used to secure authorization for a government wiretap of a co-defendant’s telephone was not supported by evidence sufficient to establish probable cause and necessity. We find no reversible error and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The evidence at trial demonstrated that the eight co-conspirators bought and sold cocaine among themselves for their own use and for resale to others between June and December of 1999. On November 10, 1999, an undercover informant purchased a small packet of cocaine at a Detroit apartment shared by Quinones and his girlfriend. The next day, after obtaining a warrant, law enforcement officers searched the apartment and found four packages of cocaine and eight small baggies of marijuana, along with $921 in cash and a scale. Quinones and his girlfriend were present in the apartment at the time of the search. After being informed of his Miranda rights, Quinones gave a written statement to law enforcement officers admitting that the cocaine belonged to him, and stating that he planned to “[u]se it.”1 For reasons not evident in the record, Quinones was apparently not charged or remanded to custody in connection with this November 10 search.

At trial, the government introduced the testimony of Juan Perez-Castro, an alleged leader of the conspiracy. Castro testified that he sold small quantities of cocaine to Quinones for personal use and for resale. The government also introduced through Castro’s testimony transcripts of several telephone calls between Castro and Quinones, mostly translated from Spanish to English, to evidence Qui-nones’s participation in the alleged conspiracy.

According to Castro’s testimony, the “general subject” of a conversation taking place on November 20, 1999 — ten days after the search of Quinones’s apartment— was that Castro “wanted to see if [Qui-nones] could get me an ounce ... and [Quinones] was saying here that he had seen it, seen the guy but it wasn’t good and the guy was trying to give it to him for $700.” The transcript indicates that Qui-nones said to Castro, “No, no. It’s not what you like. I’m going to see if I can rip off the ... the American. I’m going to call him and see if....” According to Castro’s trial testimony, Quinones was re[561]*561ferring in this conversation to cocaine that “wasn’t good,” and “looked like rocks,” and that “since [Castro] didn’t like [the cocaine], that maybe he had like an American, a friend he could sell it to cause it was bad stuff.” Another exchange in that same conversation translated as follows:

Quinones: Huh? It was all prepared and everything. About four groups of the shit, man.
Castro: Did you see it?
Quinones: How could I not see it, man? Do you want me to call back?
Castro: Do you have it there?
Quinones: No. He took it with him to break it up.

Castro testified that the two were discussing cocaine.

A transcript from another call between the two the same day shows that Quinones told Castro, “Hey, it’s fine now.” According to Castro, Quinones was referring to other cocaine Quinones had seen. Castro testified of their conversation:

A. He had shown him one thing and then didn’t — wasn’t any good then he showed him another thing.
Q. And did Lazaro [Quinones] indicate that this other cocaine was okay?
A. Yeah, he was saying it was good.

The transcript of the conversation itself shows that Castro asked Quinones the price of this cocaine, and that Quinones responded, “I don’t know, I didn’t ask.”

Special Agent James McCormick of the Drug Enforcement Administration testified regarding another monitored conversation in English between Quinones and an unidentified person named “Jim,” on November 22, 1999. According to the transcript of that conversation, Quinones told Jim that the “mama” of his “partner” “comes from Florida, you know ah, and they’re having a little party over here.” Quinones asked Jim if he understood, and Jim said, “Yeah.” When Quinones stated that the “party” was then in progress, Jim responded, “My main man, I just got some, so see you tomorrow then.” Qui-nones said, “Oh no. Tomorrow is too late____ It’s too late only, only got five gallons.” and “If you want we have to do now.” Special Agent McCormick explained to the jury that in his opinion, Quinones was telling Jim that a courier had just arrived from Florida with cocaine, and that the reference to “gallons” was to a quantity of cocaine.

With respect to defendant Rodriguez, the government elicited testimony from Hiran Barrera, an indicted co-defendant who pleaded guilty before trial, that, in November, 1999, Barrera had contacted Rodriguez about purchasing cocaine.2 Ultimately, Barrera bought the cocaine from Rodriguez at $800 per ounce and then resold the cocaine to Castro at $850 per ounce. Barrera also testified that he transported cocaine from Rodriguez to co-defendant Peraza during the relevant time period.

Jorge Izquierdo, another co-defendant who pleaded guilty before trial, also testified that he bought cocaine from Rodriguez on several occasions, sometimes reselling ounce quantities himself. Rafael Peraza, another co-indictee, testified that Rodriguez sold him six ounces of cocaine on one occasion and that he picked cocaine up from Rodriguez’s body shop on at least two other occasions. Castro testified that when he contacted Barrera and Peraza looking for a cocaine source, Barrera named Rodriguez as a potential supplier. [562]*562According to Castro, Barrera told him that four ounces of cocaine that he was going to sell to Castro were coming from Rodriguez.

On December 8, 1999, the government executed search warrants on various locations associated with the conspirators. One of those locations was the body shop operated by defendant Rodriguez, where officers recovered, near Rodriguez’s office, a triple-beam scale, some “cut” (a substance used to adulterate cocaine), and five clear plastic baggies containing cocaine. An officer involved with the surveillance and search testified that there appeared to be very little, if any, legitimate business being conducted at the shop. Rodriguez entered the shop while the search was underway and attempted to flee when the drugs were discovered.

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