U.S. v. Carrasco
| Decision Date | 19 October 1989 |
| Docket Number | 88-2104,Nos. 88-2103,s. 88-2103 |
| Citation | 887 F.2d 794 |
| Parties | 29 Fed. R. Evid. Serv. 573 UNITED STATES of America, Plaintiff-Appellee, v. Concepcion CARRASCO and Francisco Diaz, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Joel Bertocchi, David J. Stetler, Crim. Receiving, Appellate Div., Bobbie McGee Gregg, Asst. U.S. Attys., Chicago, Ill., for plaintiff-appellee.
Jerome Feldman, Feldman & Halprin, D. Ashley Pennington, FPD Federal Public Defender, Chicago, Ill., for Concepcion Carrasco.
Judith A. Halprin, Mitchell H. Caplan, Feldman & Halprin, Chicago, Ill., D. Ashley Pennington, Federal Public Defender, Chicago, Ill., for Francisco Diaz.
Before POSNER, COFFEY and MANION, Circuit Judges.
Concepcion Carrasco and Francisco Diaz appeal their convictions following a trial to the court for conspiring to sell and selling counterfeit alien registry cards and social security cards in violation of 18 U.S.C. Secs. 371 and 1426(b) and 42 U.S.C. Sec. 408(g)(3). We affirm.
The Immigration and Naturalization Service ("INS") received information that an individual, later identified as Concepcion Carrasco, was selling counterfeit documents. On October 12, 1986, the INS requested a confidential informant, Guillermo Herrera, to purchase false alien registry cards 1 and social security cards. During the period documents were purchased the government tape-recorded a number of meetings and telephone conversations between Herrera and the defendants Concepcion Carrasco and Francisco Diaz from October 1986 to March 1987. At trial, fourteen of these recorded meetings and telephone conversations were admitted in evidence together with Spanish and English transcripts thereof.
The first conversation between Herrera and a defendant involving arrangements for the purchase of counterfeit documents took place on October 12, 1986, when Herrera and another individual met with the defendant Carrasco outside of Carrasco's home on Noble Street in Chicago, Illinois. During the meeting Herrera and Carrasco explored the possibility of Herrera purchasing a green (alien registration) card from Carrasco for a friend from Mexico. The following recorded conversation transpired:
Carrasco gave Herrera his telephone number before Herrera stated he would need a "mica" and a social security card. Herrera also told Carrasco that he would call to ascertain whether Carrasco had been able to arrange something and would inform Carrasco in the event he was able to secure a different supplier for the false documents. Carrasco quoted Herrera the prices of a "mica" at $50 and a social security card at $20.
On November 3, 1986, Herrera again met with Carrasco outside Carrasco's Noble Street residence. The conversation began:
Carrasco asserts that these statements reflect his desire to back out of the transactions with Herrera, while the government contends that they reflect only Carrasco's reaction to the cold weather. Herrera went on to tell Carrasco that he had been attempting to reach Carrasco by telephone. Herrera at this time reiterated his desire to purchase the alien registry and social security cards. Carrasco queried Herrera asking whether Herrera had brought the necessary data and photos for the false documents. After Herrera responded affirmatively, Carrasco stated that it would be impossible for the registry and social security cards to be produced that day, but told Herrera to call him Wednesday (two days later). Herrera informed Carrasco that: Three days later, on November 6, 1986, Herrera received the cards from Carrasco in exchange for $70 ($50 for the "mica" and $20 for the social security card). Herrera stated that he would contact Carrasco "as soon as I need something," and Carrasco asked Herrera not to say anything over the telephone other than that Herrera was coming to see Carrasco at a particular time. Carrasco obviously was attempting to protect himself from any incriminating statements made during a possible wiretapped conversation.
Some two months later, on January 5, 1987, Herrera once more met with Carrasco and ordered another "mica" for one, "Juan Ortega Patino." Herrera told Carrasco of the pressure he was under to secure the On February 5, 1987, Herrera again met with Carrasco at Carrasco's new home on Ohio Street in Chicago, Illinois, and ordered another "mica" and social security card. Carrasco testified that he never informed Herrera of his new address and had no idea how Herrera found him. Carrasco said that he would see if he could have the documents three days later. Having no phone, Carrasco suggested to Herrera that he call at the old Noble Street house and leave his name. Carrasco gave these additional directions:
Arrangements were made for Herrera to call on Monday (February 9).
On February 9, 1987, Herrera spoke with an individual who identified himself as "Pancho." Pancho informed Herrera that Carrasco had told him that the order would be ready the next day. In a subsequent phone call that same day, Herrera told Pancho that he would be unable to come on Tuesday (February 10), but could be there Wednesday (February 11) at 6 o'clock. On February 11 Herrera had several telephone conversations with Pancho, but was unable either to speak with Carrasco or obtain the desired documents. Pancho said he would determine if Carrasco was at Carrasco's residence. In his final February 11 call, Herrera told an unidentified individual that he would call the next day. In a February 12, 1987, telephone conversation, Pancho informed Herrera that the order was ready, and Herrera replied that he would come over. Herrera then met with Pancho at the Noble Street apartment, picked up the false documents and the following conversation ensued:
After Herrera gave Pancho the $60, Pancho delivered the green card and the social security card. Herrera testified that the documents were unwrapped when they were delivered, as contrasted with Carrasco's testimony that they were wrapped. The court resolved this conflict in favor of Herrera.
On February 23, 1987, Herrera met with Carrasco outside Carrasco's Ohio Street house to arrange for the purchase of another social security card. In making arrangements for the delivery of the document, Carrasco again directed Herrera to speak with the people living at the Noble Street residence:
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