39 F.3d 1182 (6th Cir. 1994), 93-3810, U.S. v. Ibarra

Docket Nº:93-3810.
Citation:39 F.3d 1182
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Narciso IBARRA, Defendant-Appellant.
Case Date:October 31, 1994
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit

Page 1182

39 F.3d 1182 (6th Cir. 1994)

UNITED STATES of America, Plaintiff-Appellee,


Narciso IBARRA, Defendant-Appellant.

No. 93-3810.

United States Court of Appeals, Sixth Circuit

October 31, 1994

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

On Appeal from the United States District Court for the Northern District of Ohio, No. 91-00778; John W. Potter, Judge.



Before: KENNEDY and JONES, Circuit Judges; and DEMASCIO, [*] District Judge.


A jury convicted defendant, Narciso Ibarra, on one count of conspiracy to possess and distribute marijuana, in violation of 21 U.S.C. § 846, and on three counts of unlawful use of a communication facility, in violation of 21 U.S.C. § 843(b). Defendant appeals his conviction, raising three assignments of error: whether sufficient evidence exists to support his conviction, whether the District Court erred in denying his motion for a continuance, and whether the District Court erred in refusing to issue subpoenas for five witnesses. We affirm.


In 1989, the Toledo Metro Drug Task Force began investigating a drug trafficking ring that was locally controlled by Leo Casares. This ring imported marijuana from Texas and Mexico to Ohio and then distributed it throughout northwest Ohio. As part of its investigation, the Task Force obtained permission to place a wiretap on Casares' home phone from January 7, 1991 through March 6, 1991.

The wiretap intercepted over 2700 calls, and defendant was the fifth most frequently called person during the duration of the wiretap. On several occasions, defendant told Casares that he was coming to Casares' house to get "more paint" or that he was travelling to other locations to obtain "paint." William Glynn, a co-conspirator who cooperated with the government, testified that "paint" was a code word for marijuana.

Glynn also testified that on one occasion, he and several other people, including defendant, were at Danny Jaso's house waiting for Bill Cramer to depart for Texas to pick up a load of marijuana. Glynn testified that all the people present on that occasion worked for Leo Casares' drug ring in some capacity. Cramer's primary role was to act as Casares' driver and gopher, handling the pickups and deliveries of drugs and cash. After Casares became suspicious of Cramer, he moved defendant into Cramer's role.

On November 30, 1990, Casares' wife transferred $1550 to defendant through Western Union. Defendant signed for the transfer at one of Western Union's offices in south Texas. The Western Union office was located near one of the source cities for marijuana used by the Casares organization.

Gary Krupinski, another co-conspirator who cooperated with the government, testified as to another occasion when people from the Casares...

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