520 F.3d 749 (7th Cir. 2008), 06-4147, United States v. Martinez

Docket Nº:06-4147.
Citation:520 F.3d 749
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Oziel MARTINEZ, Defendant-Appellant.
Case Date:March 27, 2008
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit

Page 749

520 F.3d 749 (7th Cir. 2008)

UNITED STATES of America, Plaintiff-Appellee,


Oziel MARTINEZ, Defendant-Appellant.

No. 06-4147.

United States Court of Appeals, Seventh Circuit.

March 27, 2008

Argued Nov. 9, 2007.

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 04 CR 937-1—James B. Moran, Judge

Page 750

Rick D. Young (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Nishay K. Sanan (argued), Chicago, IL, for Defendant-Appellant.

Before CUDAHY, RIPPLE, and ROVNER, Circuit Judges.

ROVNER, Circuit Judge.

After coordinating several shipments of cocaine and marijuana from Texas to Chicago, Illinois, Oziel Martinez was arrested and charged with one count of conspiracy to possess with intent to distribute cocaine and marijuana, 21 U.S.C. §§ 846, 841(a)(1), and one count of possession with intent to distribute cocaine, id.§ 841(a)(1). He pleaded guilty to both charges, and the district court sentenced him to a total of 210 months' imprisonment. On appeal Martinez argues that the sentencing court erred in finding that he managed or supervised the conspiracy, see U.S.S.G. § 3B1.1(c), and also failed to address his arguments for a lower prison sentence. We affirm the judgment.

Martinez worked for a drug-trafficking organization centered in Texas. In mid-2004 he recruited codefendant Andres Macias to accept deliveries at a Chicago warehouse and unload the drugs from hidden compartments in semi-trailers. In September 2004 Martinez coordinated the first two deliveries: 90 kilograms of cocaine and 767 kilograms of marijuana. Martinez telephoned from Texas and instructed Macias to prepare the warehouse and buy a prepaid cell phone that Martinez could identify as the recipient's number on the bill of lading for the trailer containing the marijuana. He also told Macias to go to Midway Airport and pick up his brother, codefendant Adan Martinez, who was flying in from Texas to oversee the unloading of the two shipments. Martinez then hired at least one of the drivers for the two loads and supervised the loading of both shipments. The cocaine shipment arrived safely in Chicago and was unloaded at the warehouse by Macias, Adan Martinez, and codefendant Santos Flores, whom Macias recruited. The marijuana did not make it to Chicago, however, because authorities stopped the truck in

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downstate Illinois. The police left a voice mail at the number on the bill of lading, prompting Macias to alert Martinez that the shipment had been intercepted. Martinez then instructed Macias to take his brother to the bus station for the return trip to Texas.

In October 2004 Martinez coordinated another shipment of cocaine--this time, 107 kilograms--destined for Macias's warehouse. Unbeknownst to Martinez or his codefendants, the Drug Enforcement Administration had discovered the hidden compartment in the trailer used for this...

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