United States v. Wilson

11 F.3d 346
CourtCourt of Appeals for the Second Circuit
DecidedDecember 3, 1993
DocketNos. 68, 74-80, Dockets 92-1419(L), 92-1400, 92-1420 to 92-1424 and 92-1427
StatusPublished
Cited by49 cases

This text of 11 F.3d 346 (United States v. Wilson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second 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. Wilson, 11 F.3d 346 (2d Cir. 1993).

Opinion

MINER, Circuit Judge:

Defendants-appellants Claudia Wilson, Oscar Sanchez (“Oscar”), Omar Sanchez (“Omar”), Ferdinand Romero, Yhan Rivera, Herson Hoyos and Ricardo Sanchez (“Ricardo”) appeal from judgments of conviction and sentence entered in the United States District Court for the Southern District of New York (Brieant, C.J.) on July 21 and July 27, 1992, following a jury trial, convicting them of narcotics and narcotics-related offenses arising out of conspiracies to import and distribute cocaine. All of the defendants were convicted of conspiracy to distribute and possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 846 & 841(b)(1)(A) (1988 & Supp. Ill 1992). In addition, Ricardo and Wilson were convicted of conspiracy to import into the United States more than 500 grams of cocaine, in violation of 21 U.S.C. §§ 952(a), 960(a)(1) & 963 (1988), of importing cocaine into the United States (two counts), in violation of 21 U.S.C. §§ 952(a), 960(a)(1) and 960(b)(2) (1988 & Supp. Ill 1992), and of knowingly employing a minor to violate the narcotics laws, in violation of 21 U.S.C. § 861(a)(1) (1988). The appellants also were convicted of the following offenses: Wilson, on one count of distributing and possessing with intent to distribute cocaine and one count of possessing with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B); Ricardo, on two counts of distributing and possessing with intent to distribute cocaine and one count of possessing with intent to distribute cocaine, in violation [349]*349of 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B) and one count of using a firearm during and in relation to a drug trafficking offense, in violation of 18 U.S.C. § 924(c) (1988 & Supp. Ill 1992); Oscar, on two counts of possessing with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B); Omar, on one count of distributing and possessing with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C); Eomero, on two counts of distributing and possessing with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C); Eivera, on four counts of distributing and possessing with intent to distribute cocaine and three counts of possessing with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B) and 841(b)(1)(C); and Hoyos, of two counts of distributing and possessing with intent to distribute cocaine and two counts of possessing with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B) & 841(b)(1)(C) and one count of using a firearm during and in relation to a drug trafficking offense, in violation of 18 U.S.C. § 924(e).

BACKGEOUND

The indictments in this case were the culmination of a seventeen-month investigation conducted by the Mid-Hudson Drug Enforcement Task Force (the “Task Force”), a joint federal, state and local task force based in Newburgh, New York. Although focusing initially on suspected cocaine distributors in the Newburgh area, the investigation ultimately uncovered a group of distributors, based in Queens, New York, who were importing cocaine from Central and South America and supplying cocaine to the New-burgh distributors.

The evidence adduced at trial revealed that the seven appellants were members of a conspiracy to distribute cocaine and crack from January of 1990 until the last four of them were arrested in September of 1991. Eiear-do and Wilson, who are husband and wife, were the leaders of the importation and distribution conspiracies. The two oversaw the importation of cocaine and the distribution of cocaine to other members of the conspiracy in, among other locations, Queens, Bronx and the Newburgh area.

Appellants Oscar and Omar, brothers of Eieardo, and appellants Eivera and Hoyos also were based in Queens and, in association with Eieardo and Wilson, distributed cocaine in the Newburgh area and other locations. Hoyos is the cousin of Wilson and was a close associate of Wilson and Eieardo, assisting them in the delivery of cocaine and the collection of proceeds from the sale of cocaine. Hoyos also acted as a supplier for Wilson and Eieardo and other members of the conspiracy. Eivera also was a close associate of Wilson and on several occasions supplied her with cocaine for distribution to other members of the conspiracy. After moving to Newburgh in March of 1990, Eivera engaged in the distribution of cocaine and crack on a continuing basis. Appellant Eomero was a Beacon, New York-based cocaine distributor who purchased cocaine supplies from, among others, Eieardo, Wilson, Omar and Eivera.

The initial indictment in this case was filed on April 1,1991. A third superseding indictment was filed on January 6, 1992, naming the seven appellants in this case. In response to a pretrial motion, the district court dismissed without prejudice Count One of the third superseding indictment, which charged the conspiracy to distribute cocaine, for violation of the Speedy Trial Act, 18 U.S.C. §§ 3161-8174 (1988).

A twenty-four count fourth superseding indictment (“the Indictment”) was filed on January 14, 1992 and was identical to the January 6 indictment. Count One of the Indictment charged that, from January of 1990 through the date of the Indictment, the seven appellants and others conspired to distribute and possess with intent to distribute five kilograms and more of cocaine and fifty grams and more of cocaine base, in violation of 21 U.S.C. §§ 841(b)(1)(A) and 846. Count Two charged that from April of 1990 through the date of the Indictment Eieardo, Wilson and others conspired to import into the United States five hundred grams and more of cocaine, in violation of 21 U.S.C.

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Bluebook (online)
11 F.3d 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wilson-ca2-1993.