994 F.2d 533 (8th Cir. 1993), 92-2532, United States v. Trevino-Rodriguez

Docket Nº:92-2532, 92-3072.
Citation:994 F.2d 533
Party Name:UNITED STATES of America, Appellee, v. Norberto TREVINO-RODRIGUEZ, Appellant. UNITED STATES of America, Appellee, v. Rosalio TREVINO-LOPEZ, Appellant.
Case Date:June 04, 1993
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 533

994 F.2d 533 (8th Cir. 1993)

UNITED STATES of America, Appellee,

v.

Norberto TREVINO-RODRIGUEZ, Appellant.

UNITED STATES of America, Appellee,

v.

Rosalio TREVINO-LOPEZ, Appellant.

Nos. 92-2532, 92-3072.

United States Court of Appeals, Eighth Circuit

June 4, 1993

Submitted Feb. 18, 1993.

Page 534

Jerry Strauss, Minneapolis, MN, argued, for Norberto Trevino-Rodriguez.

Arthur Martinez, Minneapolis, MN, argued, for Rosalio Trevino-Lopez.

Jon Hopeman, Asst. U.S. Atty., of Minneapolis, MN, argued for U.S.

Before BOWMAN, WOLLMAN, and HANSEN, Circuit Judges.

BOWMAN, Circuit Judge.

Norberto Trevino-Rodriguez (Norberto) and Rosalio Trevino-Lopez (Rosalio) were convicted of conspiracy to distribute cocaine and to possess cocaine with the intent to distribute it in violation of 21 U.S.C. § 846 (1988), and possession of cocaine with intent to distribute it in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A) (1988 & Supp. III 1991). Rosalio also was convicted of two counts of distribution of cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B) (1988 & Supp. III 1991). Because Rosalio was found to have a prior felony drug conviction, his sentence was increased pursuant to the mandatory

Page 535

enhanced penalty provision of 21 U.S.C. § 841(b)(1)(A). Norberto appeals his convictions, and Rosalio appeals his sentence. We affirm the judgment of the District Court. 1

Only a brief recitation of the facts is necessary for purposes of this opinion. Jesse Mendoza, a previously convicted felon, was cooperating with the Hennepin County, Minnesota Sheriff's Office, which was seeking to apprehend his cocaine source. Rosalio and Mendoza exchanged numerous phone calls and arranged for Rosalio to deliver cocaine to Mendoza. Mendoza picked up Rosalio at the Minneapolis/St. Paul airport. They drove together to a meeting across the river at a motel in Roseville, Minnesota with Norberto, who was driving Rosalio's Cadillac up from Texas with Norberto's wife, child, and seven kilograms of cocaine.

Rather than driving to Roseville, however, Norberto arrived and checked into a motel near downtown St. Paul, Minnesota. Rosalio and Mendoza met him there and then drove back to the motel in Roseville. That morning, officers searched the Cadillac and the two motel rooms rented by Rosalio and Norberto. The officers found seven kilograms of cocaine broken up into one-pound bricks and hidden in a panel in the roof of the Cadillac. The officers then arrested Rosalio and Norberto.

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