United States v. Ricardo Alvarez Gutierrez, Jorge Eliecer Palacio, Jairo Rendon, Osmundo Roque, Jose Palma-Rodriguez, Manuel Palma-Rodriguez

931 F.2d 1482, 1991 U.S. App. LEXIS 10795, 1991 WL 75989
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 29, 1991
Docket89-3938
StatusPublished
Cited by51 cases

This text of 931 F.2d 1482 (United States v. Ricardo Alvarez Gutierrez, Jorge Eliecer Palacio, Jairo Rendon, Osmundo Roque, Jose Palma-Rodriguez, Manuel Palma-Rodriguez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Ricardo Alvarez Gutierrez, Jorge Eliecer Palacio, Jairo Rendon, Osmundo Roque, Jose Palma-Rodriguez, Manuel Palma-Rodriguez, 931 F.2d 1482, 1991 U.S. App. LEXIS 10795, 1991 WL 75989 (11th Cir. 1991).

Opinion

HATCHETT, Circuit Judge:

In this cocaine importation case, we affirm the appellants’ convictions, but vacate the sentence of one appellant and remand for resentencing.

FACTS

In the spring of 1988, undercover drug agents in Tampa, Florida, set up a sting operation in which they portrayed drug smugglers with sailboats equipped and ready to transport cocaine from Colombia to the United States. During the course of *1485 the operation, a confidential informant known as “Jaime Velez” acted as the undercover agents’ boss.

On May 11, 1988, United States Customs Special Agent Victor Thompson and Velez met with Manuel Palma-Rodriguez (Manuel Palma), Fernando Lara-Rubiano (Lara), and Jorge Castillo to negotiate a fee for the use of a sailboat to smuggle cocaine from Colombia to the United States. Manuel Palma indicated that his contacts in Colombia were interested in shipping several hundred kilograms of cocaine. Thompson stated that he had two sailboats available. After the men inspected the first boat, Manuel Palma wanted to see the second and larger vessel — the Bonnie Dundee. Manuel Palma later inspected that vessel, advised that he wanted to use it to import cocaine, and directed Castillo to take pictures of the vessel for the Colombian suppliers. Manuel Palma agreed to'pay $30,-000 in front money to Thompson to prepare the vessel for the shipment.

On May 26, 1988, Thompson met with Manuel Palma and Manuel’s brother, Jose, and again inspected the Bonnie Dundee, walking through the vessel and examining all its concealed compartments. During inspection of the engine room, Jose Palma stated, “In this animal, we could carry a lot of cocaine.” He also told Thompson that he lived in Tampa and that Thompson could contact him to assist when the cocaine arrived in Tampa. After Manuel Palma and Thompson discussed the payment of the front money, Manuel Palma told Thompson that he (Manuel) could be reached through Jose, and that if anything had to be done in Tampa, Manuel would contact Jose to get it done. Five days later, Thompson and Velez traveled to Miami, Florida, to receive the front money from Manuel Palma, but Manuel told them that he did not have the money because of a miscommunication with the suppliers in Colombia.

Thompson met Manuel Oria June 10, 1988, in Tampa. Oria told Thompson that Manuel Palma had sent him to see the Bonnie Dundee and that he (Oria) was interested in placing several hundred kilograms of cocaine on the vessel and willing to pay front money. Oria and Thompson agreed that this load of cocaine would be placed on the Bonnie Dundee with the cocaine that Thompson and Manuel Palma had discussed in May.

In August, 1988, Thompson, Tampa Police Detective Vincent Rodriguez and Velez met with Oria and Jairo Rendon. Oria and Rendon specified that they wanted to import approximately 310 kilograms of cocaine. Oria said that Rendon would be responsible for distributing the cocaine in Miami. Oria and Rendon agreed to pay $30,000 in front money, and Oria agreed to pay Manuel Palma $5,000 for putting Oria together with Thompson.

On September 17, 1988, Oria contacted Thompson and told him that Oria had legal problems and had to leave the country. Oria stated that Alberto Fernandez would handle the receipt and distribution of the cocaine. Five days later, Thompson and Rodriguez met Fernandez in Tampa, and Fernandez acknowledged that he would be taking over and looking after Oria’s interest in the cocaine shipment. Fernandez also stated that he wanted to introduce Thompson and Rodriguez to his father-in-law, Ricardo Gutierrez. Fernandez introduced the men and said to Gutierrez, “I want you to meet these people because you’ll be seeing them again.”

On October 10, 1988, the undercover agents imported 673 kilograms of cocaine into the United States at Fort Myers, Florida. The next day, Special Agent Russell Reina of the Drug Enforcement Administration (DEA) and Velez met with Jorge Palacio and Everado de la Hoz in Tampa. After learning that the cocaine was in Florida, Palacio stated he was ready to have his share of the cocaine taken to Miami where he would make arrangements for- a $300,-000 payment at the time of delivery. The following day, Reina took Lara to the warehouse which stored the cocaine. Lara identified 11 of the kilograms as belonging to him, 323 kilograms as belonging to Fernandez, and 339 kilograms as belonging to Palacio.

At a restaurant, Thompson and Lara coincidentally met Jose Palma. At this *1486 meeting, Jose wanted to know if the cocaine had arrived in the United States and told them that Manuel wished to speak with them. After learning that the cocaine had arrived, Jose said, “Well, then, we need to get together to get the money that is owed to myself and my brother Manuel.” Manuel Palma later told Thompson he wanted to make sure he (Manuel) would get what he had earned, a fee for putting the connection together and for arranging the transportation.

On October 18, 1988, Reina, Thompson, and Velez met Lara and Fernandez in Tampa. Fernandez had come to Tampa to take 30 of his 323 kilograms to his Miami residence where buyers would purchase the cocaine. Fernandez would then return to Tampa and purchase the remaining cocaine. At a hotel, Reina was introduced to Gutierrez. All the men decided that Gutierrez would rent a car to move the cocaine to Miami. Shortly thereafter, Thompson and Gutierrez traveled to automobile rental locations, but they were unable to rent an automobile for various reasons. During this time, Gutierrez told Thompson, “We have to be very careful because I heard of a big problem here that occurred recently, ... and there is federal agents all around us and we have to be careful who we’re dealing with.... [W]e’ve got to be very careful because we are going to be taking this down to Miami and I don’t want to get into any kind of problems.”

The following morning, October 19, 1988, Thompson and Reina placed thirty kilograms of cocaine into their own automobile and met Lara, Gutierrez, and Fernandez near the interstate in St. Petersburg, Florida. Thompson drove the car loaded with cocaine to Miami, but the cocaine was never delivered to Fernandez, Lara, or Gutierrez. Law enforcement officials subsequently arrested Fernandez, Lara, Gutierrez, and others.

Later that day, Reina and Palacio arranged to meet in a grocery store parking lot in Miami. DEA Special Agent Glenn Schneider established surveillance of the parking lot. Soon after Reina and Velez arrived in one automobile, a yellow Buick pulled into the lot and parked. The driver, Magin Cabrera, opened the door, stepped partially out of the car, and then reentered it. He then drove the automobile to a second parking spot in the lot. At the second location, Cabrera and Osmundo Ro-que got out of the automobile and walked to some pay telephones near the shopping center. Both men constantly looked out into the parking lot, and after Cabrera made a call, they got back into the automobile. Shortly, Palacio and de la Hoz entered the parking lot in a blue van. Palacio and de la Hoz left the van and went into Reina’s automobile where Palacio asked about the cocaine. Reina replied that Pala-cio’s 340 kilograms were en route. Palacio stated that he had two men in the parking lot who would drive the cocaine to his residence where it would be inventoried.

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Cite This Page — Counsel Stack

Bluebook (online)
931 F.2d 1482, 1991 U.S. App. LEXIS 10795, 1991 WL 75989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ricardo-alvarez-gutierrez-jorge-eliecer-palacio-jairo-ca11-1991.