United States v. Vicente Quiroz

874 F.3d 562, 2017 WL 4837763, 2017 U.S. App. LEXIS 21235
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 26, 2017
Docket16-3510 & 16-3518
StatusPublished
Cited by32 cases

This text of 874 F.3d 562 (United States v. Vicente Quiroz) 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. Vicente Quiroz, 874 F.3d 562, 2017 WL 4837763, 2017 U.S. App. LEXIS 21235 (7th Cir. 2017).

Opinion

KANNE, Circuit Judge.

Defendant-Appellant Vicente Quiroz brokered large drug transactions. For his role in a methamphetamine transaction, he was convicted after a bench trial in January 2015. (Case No. 16-3518.) Then, in a second trial in July of that year, he was convicted by a jury for his role in a marijuana transaction. (Case No. 16-3510.)

Before both trials, Quiroz moved to suppress statements he made after his arrest, arguing that he was not read his Miranda warnings. The district court found that the warnings were given and that Quiroz voluntarily waived his rights. It admitted into evidence Quiroz’s statements in both trials.

The district court also admitted several out-of-court statements at both trials. It admitted recorded conversations between Quiroz and the government’s confidential informant. And it admitted recordings of other declarants under the hearsay exception for coconspirator statements.

In this consolidated appeal from his convictions in both trials, Quiroz argues that the district court improperly admitted his own post-arrest statements and the out-of-court statements of the confidential informant and coconspirators. We disagree, so we affirm both of Quiroz’s convictions.

I. Background

In 2011, Benjamin Vance met Vicente Quiroz. In May 2012, Vance was arrested by the Drug Enforcement Agency (“DEA”) for trafficking in cocaine and began cooperating with the government. In a series of recorded phone calls from October 2012 through January 2013, Vance and Quiroz arranged the purchase of approximately 70 pounds of methamphetamine and approximately 1,200 pounds of marijuana. Quiroz brokered the transactions, setting Vance up with the sellers.

A. Investigation and Arrest of Quiroz

In October 2012, Quiroz told Vance that he had arranged for two suppliers to deliver 50 pounds of methamphetamine to Vance. Under the DEA’s direction, Vance told Quiroz that he knew a pilot who could pick up the methamphetamine in Indio, California. Quiroz responded that he would send a courier named Javier to deliver the methamphetamine to Vance’s pilot and gave Vance that courier’s phone number. On October 10th, an undercover DEA agent posed as the pilot and called that number. His call was returned by a man who identified himself as Javier. Javier agreed to meet the agent at a McDonald’s, where he delivered a box containing 10 packages of methamphetamine totaling nearly 22 pounds in weight. The DEA surveilled the encounter.

About a week later, Quiroz asked Vance if he wanted to pick up more methamphetamine in the Chicagoland area, giving him the number of a courier named Cesar. Cesar and Vance arranged to meet in the parking lot of Rivers Casino near O’Hare airport. Under DEA surveillance, Vance went to the parking lot wearing a recording device. There, Cesar took a box from his car and placed it into Vance’s vehicle. That box contained 22 packages of methamphetamine totaling about 44 pounds in weight.

In January 2013, Quiroz told Vance that he had an available marijuana delivery and that he would give the courier, later identified as Hector Barraza, Vance’s number. Vance and Barraza arranged the delivery, and they met at a McDonald’s outside Berwyn, Illinois. Vance asked to see the marijuana before he agreed to purchase it. Barraza indicated the marijuana was nearby, and the two then met at a Denny’s restaurant under DEA surveillance. Barra-za delivered a black bag of marijuana to Vance, then left to get the rest. The DEA arrested Barraza after he returned to the Denny’s parking lot in a van containing 202 cylinders of marijuana totaling about 1,200 pounds in weight.

On March 27, 2013, DEA Agents Christopher O’Reilly and David Brazao arrested Quiroz outside his mother’s home in Phoenix, Arizona. The officers placed him in the back seat of Agent O’Reilly’s car while the agents conducted a protective sweep of the home with Quiroz’s consent. After the security search, Agent O’Reilly read Quiroz his Miranda rights, reciting them partly from his Miranda card and partly from his own memory. According to Agent O’Reilly’s testimony, Quiroz did not seem confused in any way or ask any questions; he was nervous but “seemed to understand everything [the agents] were saying.” (Bench Trial R. 204 at 39.) When asked if he understood the rights that had just been read to him, Quiroz responded, “I did nothing.” (Id. at 38, 73.)

Agents O’Reilly and Brazao then explained their investigation and told him about the phone recordings they had acquired. Quiroz then made inculpatory statements. The agents transported Quiroz to the DEA office in Phoenix. There, Qui-roz told agents he would not sign any Miranda waiver or other paperwork, but he continued to engage with the agents and made more inculpatory statements.

B. Admission of Quiroz’s Postr-Arrest Statements

At the final pretrial conference before the bench trial, Quiroz told the district court, “I never got my Miranda rights written. I never signed a waiver so that person can come and say, ‘He made a statement.’” (Bench Trial R. 154 at 26.) The government then told the court that Quiroz had been orally advised of his Miranda rights, to which Quiroz responded, “[T]hey’ve never read me my Miranda rights.” (Id. at 30.) The district court decided to hold a suppression hearing. Agent O’Reilly was the only government witness; Quiroz did not present any evidence.

The district court found that Quiroz waived his Miranda rights. The court credited Agent O’Reilly’s testimony that Quiroz was in fact read his Miranda warnings. It went on to find that Quiroz’s statement—“I did nothing”—was a voluntary, knowing, and intelligent waiver of his rights, Accordingly, it admitted Quiroz’s post-arrest statements at his bench trial.

Shortly before the jury trial, Quiroz again moved to suppress the statements for the same reason as before. The government and Quiroz both indicated that the evidénce at the hearing would be the same as it was before. Thus, the district court again denied the motion to suppress and admitted the statements at Quiroz’s jury trial.

C. Admission of Other Out-of-Court Statements

As is often the case in drug prosecutions, the government wished to introduce statements at Quiroz’s trials made by its-informant (Vance) and Quiroz’s alleged co-conspirators (Javier and Cesar in the bench trial, -and Barraza in the jury trial).

In order to offer coconspirator statements, the government was preliminarily required to show by a preponderance of the evidence that (1) a conspiracy existed, (2) Quiroz and the declarant were members of that conspiracy, and (3) the proffered statements were made in furtherance of that conspiracy. United States v. Davis, 845 F.3d 282, 286 (7th Cir. 2016); United States v. Santiago, 582 F.2d 1128, 1134—35 (7th Cir. 1978). The government was permitted to present this evidence by submitting a Santiago proffer before trial, and it did so.

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Cite This Page — Counsel Stack

Bluebook (online)
874 F.3d 562, 2017 WL 4837763, 2017 U.S. App. LEXIS 21235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-vicente-quiroz-ca7-2017.