United States v. Salinas

763 F.3d 869, 2014 WL 4058966, 2014 U.S. App. LEXIS 15930
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 18, 2014
DocketNos. 12-3769, 13-1378
StatusPublished
Cited by23 cases

This text of 763 F.3d 869 (United States v. Salinas) 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. Salinas, 763 F.3d 869, 2014 WL 4058966, 2014 U.S. App. LEXIS 15930 (7th Cir. 2014).

Opinion

BAUER, Circuit Judge.

Rodolfo Vargas (“Vargas”) and Benito Salinas (“Salinas”) were convicted of conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. §§ 841 and 846 (Count One), as well as two counts each of using telephones in furtherance of the conspiracy in violation of 21 U.S.C. § 843(b) (Counts Two, Three, Four, and Five). Vargas pleaded guilty to Count One, and was sentenced to 121 months’ imprisonment. Salinas proceeded to trial and was convicted on Counts One, Four, and Five. He was sentenced to 120 months’ imprisonment.

Vargas now appeals his sentence, claiming that the district court erroneously imposed a three-level enhancement for his role as a manager or supervisor of the conspiracy, unduly lengthening his sentence. Salinas appeals as well, on different grounds. He contends that the evidence presented at trial was insufficient to uphold his conviction and that an erroneous jury instruction prejudiced his case. We uphold the decisions of the district court with respect to both defendants.

I. BACKGROUND

In February 2011, the Drug Enforcement Administration (“DEA”) began to investigate Jorge Villa (“Villa”), a known Chicago drug dealer. Though Villa was the focus of their investigation, the DEA also targeted Vargas, Villa’s supplier. To further their investigation, the DEA received permission to wiretap 19 phones from June 2011 to November 2011. Villa owned two of the wiretapped phones.

In the summer of 2011, Vargas served as the middleman for three drug transactions between Villa and a Mexico-based supplier. Vargas supplied the drugs up front to Villa without requiring payment at the time of delivery with the understanding that Villa would pay him for the drugs after he sold them. On July 18, 2011, Vargas called Villa and told him that he obtained 1,000 pounds of marijuana for him; Villa confirmed that he would send someone to pick it up.1 Following the [873]*873call, Villa sent Armando Vega-Medina2 (“Armando”), his courier, to pick up the marijuana. Armando and Villa then distributed the marijuana to customers and collected payment.

On August 5, 2011, Vargas spoke with Villa in a series of telephone calls. Vargas said that his courier, Salinas, would come to pick up the money Villa owed him for the 1,000 pounds of marijuana that he fronted him in July. Vargas also instructed Villa on how to package the money for transport. He explained that the money needed to be carefully packaged a certain way so that it would fit into hidden compartments in Salinas’ tractor-trailer. He said, “[I]f it doesn’t fit in the refrigerator [unit of Salinas’ trailer] ... he is going to reject it.” Vargas then gave Salinas’ phone number to Villa and told him to make arrangements to meet with Salinas.

On the morning of August 6, 2011, Vargas and Villa made arrangements in a telephone conversation. They discussed where Salinas would meet with Villa’s courier, Armando. Vargas told Villa to keep him informed of any updates. Shortly thereafter, Villa called Salinas to tell him that Armando would call Salinas’ phone and pick him up “in about ten minutes.”

DEA agents were surveilling Armando at this time. Armando left his residence and drove to the Rio Valley Market where he met with Salinas. They left in Armando’s car and drove back to his house. Agents observed the two entering Armando’s residence; about an hour later, they were seen exiting the house, and Salinas was carrying a large black duffel bag. Armando drove Salinas back to the market. Salinas carried the black duffel bag to the rear end of his tractor-trailer and spent about thirty minutes inside the trailer with the doors closed. Salmas then returned to the driver’s seat and drove away.

DEA Agent Berghofs followed Salinas’ tractor-trailer. As Salinas approached the Illinois-Indiana border, Berghofs contacted the Indiana DEA as well as Indiana State Police (“ISP”) for assistance. ISP then began following Salinas. At approximately 5:30 p.m., ISP activated its lights in Indiana and stopped Salinas’ tractor-trailer in New Buffalo, Michigan, just one mile over the border.

Michigan State Trooper Russell Bawks (“Bawks”) arrived and asked Salinas about his travel plans. Salmas stated that he had carried a load of broccoli from St. Louis to Illinois, and that he was now traveling to Michigan to pick up cucumbers which he planned to transport back to Texas. Bawks then asked Salinas for consent to search his tractor-trailer; Salinas consented. Bawks told Salinas they were looking for money, and specifically asked Salinas if he had more than $10,000 in his tractor-trailer. Salinas said he did not have money in the tractor-trailer. Inside the trailer, Bawks found a bag filled with several tubes of caulk, a caulk gun, and a putty knife covered in fresh caulk; he also noted that the trailer smelled of fresh caulk. Bawks then discovered cuts in the fiberglass wall of the trailer which were covered in fresh caulk and concealed be[874]*874hind the trailer’s refrigeration unit. He asked Salinas to help him access the compartments so that they could avoid damaging the trailer. At this point, Salinas admitted he had $311,000 concealed in the trailer, and helped police access two hidden compartments where he stored the money. The $311,000, wrapped in plastic wrap and duct tape and packaged in heat-sealed bags, had been concealed in two freshly-caulked lead-lined compartments.

Salinas claimed the money was his, so Michigan police took him to the station for an interview. He was read his Miranda rights, and agreed to speak to police. He claimed the $311,000 was his life savings and that he kept the money in his trailer because he did not trust banks. Police then seized the $311,000, along with Salinas’ cell phone and his tractor-trailer. They told Salinas that if he wanted to get the money back, he could submit a Notice of Claim form. Salinas posted a $5,000 bond and attempted to reclaim the seized money by submitting a Notice of Claim form. When the form asked about his “interest in the property,” Salinas again claimed that the money was his.

On August 8, 2011, Vargas phoned Villa and told him to stop using his phone because Salinas had been stopped by police and his phone had been confiscated; Vargas was concerned that the police “might’ve gotten some numbers off of it.”

On November 7, 2011, Salinas and Vargas were arrested. On November 9, they were indicted and charged by a grand jury; a superseding indictment was filed on November 30, 2011. On December 7, 2011, Salinas and Vargas pleaded not guilty; Vargas later changed his plea to guilty, but Salinas proceeded to trial.

A. Vargas’ Plea Deal and Sentencing

Vargas pleaded guilty to conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. §§ 841 and 846 (Count One); the government dismissed the other counts against him.

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Cite This Page — Counsel Stack

Bluebook (online)
763 F.3d 869, 2014 WL 4058966, 2014 U.S. App. LEXIS 15930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-salinas-ca7-2014.