United States v. Roberto Zamora

661 F.3d 200, 2011 U.S. App. LEXIS 21146, 2011 WL 4953992
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 19, 2011
Docket10-30092
StatusPublished
Cited by68 cases

This text of 661 F.3d 200 (United States v. Roberto Zamora) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. Roberto Zamora, 661 F.3d 200, 2011 U.S. App. LEXIS 21146, 2011 WL 4953992 (5th Cir. 2011).

Opinion

CARL E. STEWART, Circuit Judge:

Roberto Zamora and Fletcher Freeman, Jr. appeal from their conviction related to drug trafficking. A jury found both Zamora and Freeman guilty of conspiracy to possess with intent to distribute cocaine, 21 U.S.C. § 846; found Zamora guilty of possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c)(1); and found Freeman guilty of possession of cocaine with intent to distribute, 21 U.S.C. § 841(a)(1). Zamora and Freeman separately raise a number of challenges to their convictions. We AFFIRM.

I.

A. The Chapa-Duran Conspiracy

From 2002 until 2006, the government alleges, the Chapa-Duran drug trafficking conspiracy was responsible for transporting drugs by car from Mexico into Houston, Texas, and, by means of a route through Louisiana, into Columbus, Georgia. Francisco Chapa-Duran, a Mexican fugitive, led the conspiracy.

In Mexico, Chapa-Duran and his associates would hide the drugs in vehicles used for trafficking operations. Participants in the conspiracy would receive several thousands of dollars to drive drugs into the United States, with the amount of money generally determined by the length of the *204 trip and the duration of their service to the organization. When drugs were transported to Georgia, the means of delivery to local dealers varied, but when drugs were transported to Houston, the vehicle would normally be left in the Galleria Mall parking lot, where a local dealer would retrieve the drugs from the car.

A distinguishing feature of the ChapaDuran conspiracy was the way in which it used vehicles. In an attempt to prevent detection by law enforcement, members of the conspiracy would modify the dashboards and battery compartments of automobiles to outfit them for the storage of drugs. The vehicles of choice for the Chapa-Duran conspiracy were Volkswagen Beetles, the dashboards of which could be easily modified for drug storage, and Toyota Camrys, the battery compartments of which were similarly adaptable. Often, the conspiracy would register vehicles under the names of non-participants in the conspiracy so that these vehicles would not be traced back to Chapa-Duran.

Many of the individuals involved in this conspiracy have pleaded guilty to drug trafficking crimes and have been sentenced to jail time for their role. The government alleges that both Fletcher Freeman, Jr., and Roberto Zamora were participants in the Chapa-Duran conspiracy-

B. Fletcher Freeman, Jr.

Freeman, who was employed in the trucking business, lived in Columbus, Georgia. The government alleges that couriers working for the Chapa-Duran conspiracy transported drugs to him and Bruce Stinson, a member of the conspiracy who had pleaded guilty to charges related to drug trafficking prior to the trial of Zamora and Freeman. During trial, a number of government witnesses, most of them participants in the Chapa-Duran conspiracy, testified that Freeman was the recipient of drugs brought by the ChapaDuran conspiracy from Mexico. One witness, a member of the Chapa-Duran conspiracy, testified that he transported drugs to Freeman’s house and counted money there. Two other witnesses, also members of the Chapa-Duran conspiracy, testified to having turned drugs over to Freeman in exchange for money. Another witness who was not involved in the conspiracy testified that Freeman paid him to tow a vehicle containing drugs to Georgia. The evidence presented by the government portrayed Freeman as a central figure in the Georgia branch of the Chapa-Duran conspiracy.

C. Roberto Zamora

Roberto Zamora was arrested in Houston on April 4, 2006. That morning, at approximately 9:40 a.m., police began to monitor Zamora’s residence, 2118 Fulton Street, after receiving a tip from a confidential informant that drugs might be located on the premises. The police determined the tip was reliable because the informant who provided the tip previously had provided the police with reliable information and certain aspects of the informant’s tip had been corroborated. As the informant had described, the police found a garage area on the south side of the residence with a black tarp covering the carport, and a gate in front of the house. Also as described, police found three cars outside when they arrived: a blue Volkswagen (“the Volkswagen”), a black Cámaro, and a black pickup truck. While the police were observing the residence that morning, a red Lincoln Navigator (“the Navigator”) arrived at 2118 Fulton Street. Police later learned that Roberto Zamora and his brother, Leobardo Zamora, were the driver and passenger of the Navigator. An officer testified during trial that he *205 watched Leobardo enter the residence wearing one shirt and leave wearing another, and observed Roberto Zamora enter the Volkswagen and then exit it. Further testimony came from officers who witnessed Roberto Zamora parking the Volkswagen behind the black tarp covering the carport, as if Zamora wanted to conceal what was happening in the carport.

After their brief stop at the residence, Roberto and Leobardo Zamora left 2118 Fulton Street in the Navigator at 11:09 a.m. A couple minutes later, officers for the Houston Police Department stopped the Navigator for both a traffic violation and as part of their investigation of drug-related crimes at 2118 Fulton Street. After conducting a search for warrants, officers learned that Leobardo had one warrant outstanding and Roberto had none. The police then called in a drug-sniffing dog. At approximately 11:45 a.m., the dog alerted to the Navigator, leading the police to search the car for drugs. Their search did not turn up any drugs. Following the search, officers continued to speak with Zamora. At 11:58 a.m., Zamora signed a form consenting to a search of 2118 Fulton Street.

Within the next thirty minutes, police drove to 2118 Fulton Street and found contraband: a package of cocaine weighing .7 grams, a money counter, a “perceived drug ledger,” packing materials commonly used for trafficking cocaine, marijuana, and a firearm. A drug-sniffing dog also alerted to the Volkswagen, leading the police to execute a search warrant for the car and find four kilograms of cocaine in the Volkswagen. Like the Volkswagens used by the Chapa-Duran conspiracy, the dashboard of the Volkswagen on the premises of 2118 Fulton Street was modified for the convenient transportation of cocaine. Additionally, police later learned that the Volkswagen at 2118 Fulton Street had previously been used by members of the Chapa-Duran conspiracy.

Several hours after the police arrived at 2118 Fulton Street, Roberto Zamora told the police that he knew about the drugs in the Volkswagen but his brother did not. He also told the police that a gun was located in a bedroom in the 2118 Fulton Street residence underneath a bed. At that point, officers recited Miranda warnings to Zamora for the first time. Zamora promptly stopped speaking with them.

D.

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Cite This Page — Counsel Stack

Bluebook (online)
661 F.3d 200, 2011 U.S. App. LEXIS 21146, 2011 WL 4953992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-roberto-zamora-ca5-2011.