U.S. v. Angulo, No. 90-8425

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore CLARK, Chief Judge, WILLIAMS and DAVIS; CLARK
Citation927 F.2d 202
Docket NumberNo. 90-8425
Decision Date08 March 1991
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Luis Eduardo ANGULO, Defendant-Appellant.

Page 202

927 F.2d 202
UNITED STATES of America, Plaintiff-Appellee,
v.
Luis Eduardo ANGULO, Defendant-Appellant.
No. 90-8425.
United States Court of Appeals,
Fifth Circuit.
March 8, 1991.

Page 203

Robert A. Canonico, (Court-appointed) Waco, Tex., for defendant-appellant.

LeRoy Morgan Jahn, Joan E.T. Stearns, Asst. U.S. Attys., and Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Appeal from the United States District Court for the Western District of Texas.

Before CLARK, Chief Judge, WILLIAMS and DAVIS, Circuit Judges.

CLARK, Chief Judge:

Luis Eduardo Angulo appeals the adverse judgment of the district court regarding his motion to suppress evidence. He also challenges the sentence imposed by the district court following his conditional plea of guilt. We affirm.

I

Sergeant Jose Coy is an investigator for the Texas Department of Public Safety, Narcotics Service, with four years service in that position and eight years total service as a Texas peace officer. While conducting undercover surveillance of alleged cocaine trafficking through the Waco bus terminal, Sergeant Coy developed reasonable suspicion that a gold Mercury Topaz and its occupants, Walter Villegas and Luis Angulo, were transporting cocaine. While following in an unmarked car, Sergeant Coy requested that a marked unit stop the vehicle and obtain identification.

At an intersection, a marked police car pulled behind the Topaz and began flashing its overhead emergency lights. The Topaz immediately turned the wrong way down a one-way street and attempted to speed away, with the marked unit and Sergeant Coy in pursuit. Sergeant Coy saw Angulo throw from the passenger window onto the curb two large plastic packets containing a white substance. One packet burst and its contents scattered. The other remained intact. Sergeant Coy stopped to retrieve the packets, which were later determined to contain cocaine. Angulo and Villegas were arrested further down the street.

As many chunks of cocaine as could be recovered from the dispersed packet were collected by the officers, and the rest was washed away by the Waco fire department. Sergeant Coy conducted an inventory search after the arrest of Angulo and Villegas. He found 26 grams of cocaine in a plastic bag hidden in a sock in Angulo's carry-on bag. Agents also found more cocaine in a brown bag in the front seat, as well as chunks in the front and back seats that appeared to have flown back in when Angulo tossed the packets out of the window. Taken together, the recoveries totalled 449.01 grams (almost one pound).

Angulo and Villegas were indicted for possession of cocaine with intent to distribute, in violation of 21 U.S.C. Sec. 841(a)(1).

Page 204

After the district court denied their motion for suppression of evidence, Angulo entered a conditional plea of guilt. Based on testimony by Sergeant Coy at sentencing regarding the quantity of unrecovered cocaine, the district court set Angulo's base offense level according to a finding of more than 500 grams of cocaine. Angulo received an upward adjustment for obstruction of justice for tossing the cocaine out of the window. He received a downward adjustment for acceptance of responsibility. The district court sentenced him within the applicable guideline range for an offense level of 26 and a criminal history category of I. Angulo received...

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44 practice notes
  • U.S. v. Puig-Infante, PUIG-INFANTE
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 13, 1994
    ...the district court need only determine factual findings at sentencing by a preponderance of the evidence. United States v. Angulo, 927 F.2d 202, 204 (5th Here, there is ample evidentiary support for the finding that Perla De Los Santos was an organizer of the conspiracy. Along with her two ......
  • U.S. v. Mergerson, No. 92-1179
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 12, 1993
    ...circuit that, as a general matter, the burden of proof at sentencing is by a preponderance of the evidence. See United States v. Angulo, 927 F.2d 202, 205 (5th Cir.1991) ("[T]he district court need only determine its factual findings at sentencing by a 'preponderance of relevant and suffici......
  • U.S. v. Tolliver, Nos. 93-3873
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 14, 1995
    ...that the information cannot be relied upon because it is materially untrue, inaccurate or unreliable." United States v. Angulo, 927 F.2d 202, 205 (5th Cir.1991). Objections in the form of unsworn assertions do not bear sufficient indicia of reliability to be considered. United States v. Lgh......
  • US v. Rodriguez, No. 09-20181.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 25, 2010
    ...that the information cannot be relied upon because it is materially untrue, inaccurate or unreliable." United States v. Angulo, 927 F.2d 202, 205 (5th Cir.1991). Rodriguez maintains he met this burden by submitting written objections to the PSR. These objections, however, are not evidence—t......
  • Request a trial to view additional results
44 cases
  • U.S. v. Puig-Infante, PUIG-INFANTE
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 13, 1994
    ...the district court need only determine factual findings at sentencing by a preponderance of the evidence. United States v. Angulo, 927 F.2d 202, 204 (5th Here, there is ample evidentiary support for the finding that Perla De Los Santos was an organizer of the conspiracy. Along with her two ......
  • U.S. v. Mergerson, No. 92-1179
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 12, 1993
    ...circuit that, as a general matter, the burden of proof at sentencing is by a preponderance of the evidence. See United States v. Angulo, 927 F.2d 202, 205 (5th Cir.1991) ("[T]he district court need only determine its factual findings at sentencing by a 'preponderance of relevant and suffici......
  • U.S. v. Tolliver, Nos. 93-3873
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 14, 1995
    ...that the information cannot be relied upon because it is materially untrue, inaccurate or unreliable." United States v. Angulo, 927 F.2d 202, 205 (5th Cir.1991). Objections in the form of unsworn assertions do not bear sufficient indicia of reliability to be considered. United States v. Lgh......
  • US v. Rodriguez, No. 09-20181.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 25, 2010
    ...that the information cannot be relied upon because it is materially untrue, inaccurate or unreliable." United States v. Angulo, 927 F.2d 202, 205 (5th Cir.1991). Rodriguez maintains he met this burden by submitting written objections to the PSR. These objections, however, are not evidence—t......
  • Request a trial to view additional results

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