United States v. Verges

997 F. Supp. 2d 398, 2014 WL 496655, 2014 U.S. Dist. LEXIS 15073
CourtDistrict Court, E.D. Virginia
DecidedFebruary 6, 2014
DocketNo. 1:13cr222 (JCC)
StatusPublished

This text of 997 F. Supp. 2d 398 (United States v. Verges) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Verges, 997 F. Supp. 2d 398, 2014 WL 496655, 2014 U.S. Dist. LEXIS 15073 (E.D. Va. 2014).

Opinion

MEMORANDUM OPINION

JAMES C. CACHERIS, District Judge.

This matter came before the Court on January 31, 2014, for oral argument on Defendant Alicia Rivera’s (“Rivera” or “Defendant”) Motion to Suppress, [Dkt. 37], and Motion to Sever, [Dkt. 38]. At the conclusion of the hearing, the Court denied both motions. This memorandum is intended to memorialize and explain these rulings.

I. Background

This criminal action stems from Defendant’s alleged involvement in a conspiracy to import heroin in violation of 21 U.S.C. §§ 952(a), 960(a)(1), and 963.1 (Superseding Indictment [Dkt. 15] at 1.) The Government claims that Defendant, along with her daughter and co-defendant Kenia Verges ('Verges”), acted as couriers to smuggle heroin into the United States from Guatemala. (Id at 4.) On July 24, 2010, Defendant allegedly returned to the United States from Guatemala carrying a detectable amount of heroin secreted in foodstuffs. (Id.) The indictment further alleges that Verges performed a similar smuggling trip in March 2011. (Id. at 5.)

On November 5, 2011, Verges arrived at Logan Airport following a three-week stay in the Dominican Republic. (Gov’t Opp’n [Dkt. 41] at 3.) Customs and Border Protection agents inspected Verges’s luggage and interviewed her regarding her trips to the Dominican Republic and Guatemala. (Id) Verges made a series of statements to the officers regarding her travels. (Id.) In response to a question concerning her trip to Guatemala in March 2011, Verges stated that Defendant had paid for her airline tickets. (Id.)

On March 6, 2013, Special Agent Michael Honicker of Homeland Security Investigations and Special Agent Houston Smith of the Drug Enforcement Agency traveled to Defendant’s home to interview her and Verges regarding their travels to Guatemala and serve them with target letters. (Gov’t Opp’n at 3-4.) When they arrived, the agents identified themselves, presented their credentials, and explained to Defendant that they wanted to speak with her regarding her travels outside the United States. (Id.) Defendant opened the front door and permitted the agents to enter the living room. (Id at 4.) Verges joined shortly thereafter and the agents again identified themselves, presented their credentials, and explained that they wished to discuss their travels to Guatemala. (Id.) Verges notified the agents that Defendant did not speak English, but she offered to translate their questions. (Id.)

Agent Honicker explained that this was a non-custodial interview in which they were not under arrest. (Gov’t Opp’n at 4.) [402]*402He further made clear that they did not have to speak with the agents, and they were free to ask them to leave at any time. (Id.)' Defendant and Verges stated that they understood and agreed to speak with them. (Id.)

Agent Honicker then explained that Defendant and Verges were the targets of a federal drug smuggling investigation. (Gov’t Opp’n at 4.) Agent Honicker stated that he knew an unidentified co-conspirator had paid them thousands of dollars to smuggle heroin from Guatemala. (Id.) Agent Honicker told Defendant that he knew she traveled to Guatemala with her son and smuggled the contraband in her luggage. (Id.) Defendant did not deny anything and simply stated that her son did nothing wrong. (Id. at 5.) Defendant then informed agents that she no longer wished to speak with them. (Id.) Agent Honicker provided Defendant with a target letter, which Verges read aloud in Spanish, and Defendant completed a financial affidavit. (Id.) Defendant then exited the living room. (Id.)

After Defendant left, Verges stated that the purpose of her trip to Guatemala was to perform marriage fraud. (Gov’t Opp’n at 5.) Agent Honicker reiterated that he had been investigating Verges for months and there was strong evidence she was involved in a conspiracy to import heroin. (Id.) Verges then stated that she did not wish to speak with the agents any longer. (Id.) Agent Honicker provided Verges with a target letter and she signed a financial affidavit. (Id.) The agents then left the residence. (Id.)

Within a few minutes of their departure, Verges called Agent Honicker and indicated she would like to speak with him with an attorney present. (Gov’t Opp’n at 5.) Agent Honicker explained that her attorney should contact the U.S. Attorney’s office listed in the target letter. (Id. at 5-6.)

During the evening of March 6, 2013, Agent Honicker received a voicemail from a man identifying himself as Matt Smith and claiming that he was the attorney for both Defendant and Verges. (Gov’t Opp’n at 6.) Smith left two telephone numbers and indicated that he had contacted the U.S. Attorney listed in the target letter. (Id.) Smith was never heard from again despite numerous attempts to contact him at the numbers provided. (Id.)

On May 16, 2013, a federal grand jury indicted Verges on a single charge of conspiracy to import heroin. (Indictment [Dkt. 1] at 1.) She was subsequently arrested at Logan Airport. (Gov’t Opp’n at 6.)

On November 13, 2013, a superseding indictment was issued charging Defendant as a co-conspirator along with Verges. (Superseding Indictment at 1.) Defendant was arrested at her home on December 2, 2013. (Gov’t Opp’n at 6.) At the time of her arrest, Defendant was advised of her Miranda rights in Spanish. (Id. at 7.) Defendant acknowledged that she understood her rights and that she was under arrest. (Id.) Special Agent Brendan Hickey, who is fluent in Spanish, reviewed a Spanish Miranda form with Defendant. (Id.) Defendant signed the form and waived her right to remain silent. (Id.)

Agent Honicker, through Agent Hickey, then posed several questions to Defendant. (Gov’t Opp’n at 7.) Defendant claimed that she traveled to Guatemala in July 2010 to see a man named Maurilio. (Id.) Defendant could not recall his last name and stated that she met this man a year prior while out having drinks. (Id.) Defendant affirmed that she did not have his contact information and her only interaction with him was in person. (Id.) Defendant stated that she stayed with an acquaintance for eight days while in Guatemala but could not recall where the residence was located [403]*403or who else lived there. (Id.) Defendant further claimed that the purpose of the trip was to check the schools in Guatemala in anticipation of relocating there. (Id.)

Defendant was appointed counsel and appeared for arraignment on December 13, 2013. Defendant pled not guilty and requested a jury trial. (Arraignment Mins. [Dkt. 32] at 1.) Defendant’s trial is currently scheduled for February 19, 2014. (Id.)

Presently before the Court is Defendant’s Motion to Sever and Motion to Suppress. In her Motion to Sever, Defendant claims that a joint trial would infringe upon her confrontation rights as set forth in Bruton v. United States,

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Cite This Page — Counsel Stack

Bluebook (online)
997 F. Supp. 2d 398, 2014 WL 496655, 2014 U.S. Dist. LEXIS 15073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-verges-vaed-2014.