United States v. Rayfield

193 F. App'x 483
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 24, 2006
Docket04-6400, 05-5262, 05-5263, 05-5318
StatusUnpublished
Cited by6 cases

This text of 193 F. App'x 483 (United States v. Rayfield) 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. Rayfield, 193 F. App'x 483 (6th Cir. 2006).

Opinions

OPINION

PER CURIAM.

Defendants-Appellants Fredis Fonseca (“Fonseca”), Israel Carballea (“Carballea”), Jose Holsent Perez (“Perez”), and Donnie Rayfield (“Rayfield”) were charged with conspiring to violate the drag laws by knowingly distributing more than 500 grams of a substance containing methamphetamine, 500 grams or more of a substance containing powder cocaine, and more than 50 kilograms of marijuana in violation of 21 U.S.C. §§ 841 and 846. Additionally, Fonseca and Carballea were charged with conspiracy to commit money laundering in violation of 18 U.S.C. § 1956. Fonseca and Carballea pleaded guilty, while Perez and Rayfield went to trial. The jury returned a verdict against Perez and Rayfield finding them guilty as charged. The district court sentenced Fonseca to a concurrent term of 168 months imprisonment, Carballea to 195 months imprisonment, Perez to 121 months imprisonment, and Rayfield to 70 months imprisonment. Both Perez and Rayfield appeal their convictions and the district court’s sentencing determinations, while Fonseca and Carballea only appeal the district court’s sentencing determinations. For the following reasons, this Court AFFIRMS Perez’s and Rayfield’s convictions and the district court’s sentencing [487]*487determinations with regard to all of the Defendants.

I. BACKGROUND

A. Facts

This case involves a group of Cuban emigrants residing in the Dalton, Georgia, area who formed an illegal conspiracy to buy quantities of methamphetamine, cocaine, and marijuana from out-of-state sources for resale. The conspiracy operated for approximately two years, from 2001 until the fall of 2003, when some of the co-conspirators were arrested. This appeal involves four of the seventeen defendants that were charged and convicted. The following summarizes the pertinent facts of the case.

Fonseca and Carballea’s Offense Conduct

Fonseca immigrated to the United States from Cuba in 1995. In December 1999, after living in Florida and Alabama, Fonseca moved to Dalton, Georgia. Carballea, a Cuban who lived in Dalton, developed a friendship with Fonseca. In 2001, Fonseca and Carballea became partners in an extensive drug ring, which involved selling various quantities of methamphetamine, powder cocaine, and marijuana. At trial, Fonseca admitted that when they were arrested in 2003, he had personally made over $250,000 selling methamphetamine.

In California, Fonseca and Carballea purchased methamphetamine from Emilio Barajas (“Barajas”) in ten-pound increments for approximately $50,000. After Barajas was arrested, they purchased from another California source, Armando Alvarez. Fonseca and Carballea also purchased methamphetamine from other sources in California and Georgia. Fonseca would break the methamphetamine down and sell one pound for $8,000, a half-pound for $4,000, and a quarter-pound for $2,000.

Pedro Pablo Izquierdo (“Izquierdo”), Carlos Fernandez (“Fernandez”), and Gerardo Marrero (“Marrero”) were drug couriers for Fonseca and Carballea. The couriers stored the methamphetamine at their residences; in exchange, Fonseca and Carballea paid half of their rent in addition to a weekly salary.

The operation of the business functioned as follows: Fonseca and Carballea would give a customer their cell phone numbers, the customer would call and place a drug order, Fonseca and Carballea would contact one of the couriers and advise where and how much to deliver, and the courier wold deliver the drugs to the customer. Fonseca or Carballea would collect the cash payment for the drug delivery at a later date or the customer would pay the courier upon delivery. Their customers were in the Dalton, Georgia, area and in Tennessee.

Ronnie Edwards (“Edwards”) was one of Fonseca’s regular customers who would also resell methamphetamine. Edwards would buy four ounces at time from Fonseca, valued at $1,800, and sell it for a profit of $500 to $600. One of Edwards’ regular customers was Doug McDonald, who lived in Bradley County, Tennessee, and would drive to Georgia to pick up the methamphetamine.

Sterling Christopher Stewart (“Stewart”) was another one of Fonseca’s regular methamphetamine customers. Stewart lived in Cleveland, Tennessee. In his first deal with Fonseca, Stewart came to Fonseca’s apartment and purchased a half of a pound of methamphetamine for $4,000. Fonseca gave Stewart his phone number and thereafter Stewart would call and order his methamphetamine from Fonseca and then meet one of Fonseca’s couriers to pick up the methamphetamine. This con[488]*488tinued for about nineteen months with a four-month break when Stewart was arrested for possessing an ounce of methamphetamine. After his arrest, Stewart called Fonseca and told him that he needed to make some money and Fonseca gave him a pound of methamphetamine on credit. Subsequently, Stewart began buying a pound of methamphetamine from Fonseca every two weeks for $8,000. Stewart would meet Fonseca’s couriers at various locations near the Tennessee and Georgia state line. In March 2003, Stewart was arrested in this case.

Perez’s Offense Conduct

In 1991, Defendant Perez met Fonseca in Alabama. When Fonseca moved to Dalton, Georgia, Fonseca opened a Mexican restaurant and a seafood restaurant. When Perez moved to Dalton, Fonseca hired him to manage the seafood restaurant. In 2002, the restaurant was not bringing in revenue, so Perez asked Fonseca if he could join the methamphetamine business. Initially, Fonseca gave Perez a pound of methamphetamine for $7,000 to sell.

Later, Perez began buying his methamphetamine from a source in Atlanta. When Perez’s partner, whom Fonseca knew as Alvanito, was arrested, Perez began purchasing methamphetamine from Fonseca again. Perez introduced Fonseca to Luis Garcia (“Garcia”) who also worked with Perez. Fonseca would send his couriers, Fernandes and Izquierdo, to deliver, on average, three pounds of methamphetamine to Garcia.

In 2001, Perez’s customer, Shannon Roach (“Roach”), began purchasing and reselling methamphetamine on a weekly basis. This relationship lasted for over two years. Roach would take the cash to Perez from the previous transaction, Perez would call Roach shortly thereafter and tell Roach which of several prearranged locations would be used for delivery. Roach would pick up the methamphetamine from a courier, sell it, take the money to Perez, and start over. For the first eight or nine months, Antonio Valdez (“Valdez”) delivered the methamphetamine to Roach. When Valdez was arrested, Fonseca’s courier Carlos Fernandez delivered the methamphetamine to Roach. Roach was selling four or five ounces of methamphetamine per week.

Rayfield’s Offense Conduct

Another of Fonseca’s regular methamphetamine customers was Billy Hyde (“Hyde”). Hyde purchased methamphetamine on a weekly basis from Fonseca for about a year prior to his arrest in September 2003. Hyde would call Fonseca and order four ounces a week, one of the couriers would take the methamphetamine to Hyde’s residence, and Hyde would pay the courier in cash. The courier in turn would give the cash to Fonseca or Carballea.

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Bluebook (online)
193 F. App'x 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rayfield-ca6-2006.