United States v. Ron Collins

715 F.3d 1032, 2013 WL 1979129, 2013 U.S. App. LEXIS 9721
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 15, 2013
Docket11-3098
StatusPublished
Cited by10 cases

This text of 715 F.3d 1032 (United States v. Ron Collins) 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. Ron Collins, 715 F.3d 1032, 2013 WL 1979129, 2013 U.S. App. LEXIS 9721 (7th Cir. 2013).

Opinion

BAUER, Circuit Judge.

Ron “Ron Ron” Collins participated in a drug-distribution conspiracy stretching from Mexico to Milwaukee that involved mass amounts of cocaine. For his role, Collins was found guilty of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. § 846, and sentenced to a prison term of 360 months. Collins challenges both his conviction and the sentence imposed. He contends, first, that the district court improperly admitted into evidence certain tape recordings at trial, and second, that the district court erred in allowing an expert to testify regarding “coded drug-dealing language” on the tapes. He also argues that the district court erred in applying the “manager or supervisor” enhancement pursuant to U.S.S.G. § 3B1.1. Finding all of Collins’ contentions unpersuasive, we affirm.

*1034 I. BACKGROUND

From at least 2005 to November 2008, Collins acted as a linchpin in a large drug-distribution conspiracy based in Mexico. Collins had two connections in Mexico— the Flores twins, Pedro and Margarito— who were his sources for his drug of choice, cocaine. Whenever Collins needed cocaine to deal, he contacted the Flores twins, who contacted their drug couriers, who in turn would deliver the necessary drugs to Collins in the Chicagoland area. A given delivery to Collins sometimes included 20 to 50 kilograms of cocaine, and the Flores twins often “fronted” the drugs or had them delivered to Collins on “credit.”

Upon receipt of the cocaine, Collins would sell it to the members of his “crew.” Collins made a profit of approximately $1,500 per kilogram sold; that is how he made the money needed to pay back the Flores twins. The members of Collins’ crew sold the cocaine to other lower-level buyers on the streets. This cycle repeated as fast as the cocaine could be sold.

One crew member to whom Collins repeatedly sold cocaine was Robert Gregory, a Milwaukee, Wisconsin native. Collins first met Gregory in early 2006 at Lee’s Auto Shop in Chicago, Illinois. It was then that Collins asked Gregory about selling cocaine and whether he would purchase cocaine from Collins to sell to other buyers in Milwaukee; Gregory agreed to do so because Collins offered “a good price.” This solidified their relationship, and for the next three years, Collins provided Gregory with cocaine to sell in Milwaukee. However, all of their transactions occurred in the Chicagoland area and at Collins’ direction. By the end of the conspiracy, Collins was providing Gregory with four kilograms of cocaine approximately every two to three weeks.

In the fall of 2008, Pedro and Margarito Flores agreed to cooperate with the Drug Enforcement Administration’s (DEA’s) investigation of drug trafficking between Mexico and the United States. DEA Special Agent Eric Durante was the lead case agent in the relevant investigation. That put him in contact with Pedro, to whom he periodically spoke with on the phone from August to November 2008.

On November 6, 2008, Agent Durante had a meeting with Pedro in Mexico. At that time Agent Durante instructed Pedro to record his telephone conversations with “drug suppliers and drug customers” when it was safe to do so. Shortly thereafter, Pedro provided the government with numerous tape recordings, some of which included conversations between him and Collins (as we discuss in more detail below).

On August 6, 2009, Collins was indicted on one count of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and one kilogram or more of heroin, in violation of 21 U.S.C. §§ 841(a)(1) and 846. The reference to heroin was stricken on May 26, 2011, and the case proceeded to trial.

At trial, the government moved to admit three of Pedro Flores’ November 2008 taped conversations with Collins. The district court granted the government’s request over Collins’ objection that the tapes lacked an adequate foundation. With the tapes admitted into evidence, the government called Officer Robert Coleman to testify regarding the “coded drug-dealing language” on the tapes. Collins did not object to the testimony’s admissibility at the time but now contends the testimony was improper.

The jury returned a verdict of guilty, and on September 7, 2011, the district judge sentenced Collins to 360 months’ imprisonment, followed by five years of *1035 supervised release. This sentence was at the lower end of the U.S. Sentencing Guidelines, which called for a term of 360 months to life. The Guidelines range the judge applied included an enhancement under U.S.S.G. § 3B1.1 because the judge determined that Collins’ conduct in the conspiracy qualified him as a “manage or supervisor.” Collins objected to the enhancement.

II. DISCUSSION

Collins’ appeal focuses on three errors he believes the district court made: (1) admitting into evidence the November 2008 taped conversations between him and Pedro Flores; (2) allowing the government expert to testify regarding the “coded drug-dealing language” on the tapes; and (3) determining he was a “manager or supervisor” pursuant to U.S.S.G. § 3B1.1 and increasing the applicable Sentencing Guidelines range. We address each argument in turn.

A. Tape Recordings

The district court admitted into evidence three tape recordings of calls that were purportedly between Pedro Flores and Collins. (Collins contended he was not on the recording.) 1 One recording was made on November 25, 2008, at 12:23 p.m.; the second on November 29, 2008, at 1:59 p.m.; and the third on November 30, 2008, at 12:13 p.m. On each of the recordings, Pedro discussed various information regarding the cocaine-distribution scheme with the “speaker,” including prices, quantities, quality of drugs, and the use of other people to distribute the goods. Each recording was made outside the presence of government agents.

Collins contends the tape recordings were improperly admitted because the government failed to lay a proper foundation under Federal Rule of Evidence 901. Rule 901(a) requires a party seeking to admit an item into evidence at trial to “produce evidence sufficient to support a finding that the item is what the proponent claims it is.” For tape recordings, this can be done in two ways: (1) a chain of custody demonstrating the tapes are in the same condition as when they were recorded, or (2) testimony demonstrating the accuracy and trustworthiness of the tapes. United States v. Thomas, 294 F.3d 899, 904 (7th Cir.2002); see United States v. Eberhart, 467 F.3d 659, 667 (7th Cir.2006). District courts are given wide latitude in determining whether the burden has been met, so we review this determination for an abuse of discretion. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
715 F.3d 1032, 2013 WL 1979129, 2013 U.S. App. LEXIS 9721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ron-collins-ca7-2013.