United States v. Rocky Shukitis

877 F.2d 1322, 1989 WL 70853
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 15, 1989
Docket88-2250
StatusPublished
Cited by51 cases

This text of 877 F.2d 1322 (United States v. Rocky Shukitis) 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. Rocky Shukitis, 877 F.2d 1322, 1989 WL 70853 (7th Cir. 1989).

Opinion

COFFEY, Circuit Judge.

Defendant-appellant Rocky Shukitis appeals from his jury conviction for knowingly and intentionally distributing approximately 13.7 grams of cocaine in violation of 21 U.S.C. § 841(a)(1). We affirm.

I. FACTS

In January 1987, Robert Miller, an individual cooperating with the Lake County (Indiana) Police Department (“LCPD”) to uncover drug trafficking activities in the Lake County area, informed LCPD officers that defendant Rocky Shukitis was distributing cocaine in the area and agreed to arrange a deal in which Detective Joseph Molina of LCPD would purchase cocaine from Shukitis. On January 15,1987, Miller and Shukitis made arrangements for the sale of approximately one-half ounce of cocaine for a price of $1,250 and agreed that Shukitis would telephone Miller to confirm the deal the following day. When Shukitis telephoned Miller at his home on January 16,1987, Molina was present. Miller told Shukitis that he was purchasing the cocaine for an individual named “Joe” —Detective Molina’s alias. After discussing various locations to consummate the transaction, Shukitis and Miller agreed to meet at a Checker gas station located off Interstate 65 in Hobart, Indiana. Shukitis stated that he would be driving a blue van.

After Miller finalized the details of the cocaine purchase with the defendant Shuki-tis, Molina contacted LCPD detectives Raymundo Vasquez, Pam Laco and Vince Bal-bo and informed them where the deal would occur. The detectives thereafter assembled a surveillance team of LCPD officers, who positioned themselves at various points near the Checker gas station to observe the transaction between Miller, Molina and Shukitis. The detectives observed Shukitis and a woman later identified as his wife arrive at the gas station in a blue and white van where Shukitis exited the vehicle and walked into the station. Detective Vasquez entered the station and observed Shukitis standing in a hallway near the men’s restroom.

A short time later, Miller and Molina arrived at the gas station 1 and observed Shukitis standing outside the men’s restroom. Molina gave Miller $1,260 in cash, Miller exited the car and followed Shukitis into the restroom. Within two minutes, Miller returned to the car with ten dollars and a plastic bag containing a substance which Molina field tested for the presence of cocaine. Molina determined that the substance contained cocaine 2 and instructed Miller to inform Shukitis that the cocaine was “good.” Miller spoke with Shuk-itis and left the station with Molina. The two drove to the LCPD Detective Bureau where Miller made a written statement to Molina and Balbo concerning his cocaine transaction with the defendant.

Shortly after Miller and Molina departed, Shukitis drove away from the gas station. Detective Vasquez followed Shukitis to the home of Phillip Arocho and observed the defendant park his van and enter the house. According to Arocho, 3 Shukitis con *1325 tacted him in January 1987 stating that he wanted some cocaine. On January 16,1987 —the day of the cocaine transaction at the Checker station — Shukitis drove to Aro-cho’s house and picked up one-half ounce of cocaine. Shukitis returned approximately twenty minutes later and paid Arocho between $700 and $900.

Miller attempted to arrange a second cocaine transaction with Shukitis on January 26, 1987. On that date Miller, in the presence of Detective Molina, telephoned Shuki-tis and negotiated the sale of two ounces of cocaine at a price of $2,100 an ounce. Molina recorded this conversation on a portable cassette tape recorder. Molina also recorded further conversations between Miller and Shukitis on January 26, during which references were made to the sale at the Checker gas station. However, the sale did not occur on that date because Shukitis failed to obtain cocaine from his supplier. Negotiations continued on January 27, after Shukitis met his supplier and obtained one ounce of cocaine, which he proposed to sell to Miller for $2,200. Shukitis and Miller again engaged in several recorded telephone conversations, finally culminating in the two men agreeing to meet in the parking lot of an Eagle grocery store in Hobart. At this time Detective Molina notified Detectives Vasquez and Balbo, as well as Drug Enforcement Agents Michael Ehrsam and James Phenicie of the location of the proposed drug sale and instructed them to set up surveillance in the area.

According to Molina, after he and Miller arrived at the Eagle lot, Shukitis delayed following through with the sale because he suspected he was being watched. Although Molina offered Shukitis $2,200 to consummate the sale, Shukitis decided to change the location of the deal to a restaurant in Hobart and instructed Miller and Molina to meet him there. When Shukitis arrived at the restaurant, he was informed by two individuals apparently conducting surveillance for him that he was being followed and pointed to the car Vasquez was driving. Shukitis refused to go through with the transaction and told Miller he would call him later that day to make other arrangements. Shukitis subsequently called Miller to discuss an alternative location for the deal. This discussion was also recorded on Molina’s portable cassette recorder. Shukitis proposed that Miller meet him in a local tavern, but stated that he would not sell the cocaine in Molina’s presence. Molina refused to deal with Shukitis in this manner; thus, the sale never took place and the surveillance terminated and the government decided to file drug charges.

On March 20, 1987, Shukitis was indicted in the Northern District of Indiana on one count of knowingly and intentionally distributing approximately 13.7 grams of cocaine in violation of 21 U.S.C. § 841(a)(1). Shukitis appeared with counsel and entered a plea of not guilty at arraignment.

A jury trial commenced on April 25,1988, with the government introducing testimony of Philip Arocho, Detective Molina and the other members of the LCPD surveillance team, as well as a forensic drug chemist. 4 Arocho, testifying in accordance with the terms of his plea agreement, 5 stated that he had been distributing cocaine in the Lake County area for almost two years, profiting between $25,000 and $30,000 a month, and that his reputation as a cocaine dealer was well known. In addition to stating that he sold the defendant one-half ounce of cocaine on January 16, 1987, Aro-cho stated that he had sold cocaine to Shuk-itis on numerous occasions between 1985 and 1987. Although Arocho testified that he believed Shukitis purchased cocaine primarily for his own use, he admitted that Shukitis did not usually consume the cocaine in his presence. Arocho also stated that on at least one occasion he knew that Shukitis had sold the cocaine “to make some money_” Counsel for the defendant objected to Arocho’s testimony arguing that it was evidence of other acts and thus, inadmissible under Fed.R.Evid. *1326 404(b).

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Cite This Page — Counsel Stack

Bluebook (online)
877 F.2d 1322, 1989 WL 70853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rocky-shukitis-ca7-1989.