U.S. v. Escobar
| Citation | 50 F.3d 1414 |
| Decision Date | 10 May 1995 |
| Docket Number | 94-2111,Nos. 94-1775,94-1993,SALGUEIRO-DUART,A,94-1800,s. 94-1775 |
| Parties | 41 Fed. R. Evid. Serv. 1228 UNITED STATES of America, Appellee, v. Luis Arturo ESCOBAR, Appellant. UNITED STATES of America, Appellee, v. Michael C. JOHNSON, Appellant. UNITED STATES of America, Appellee, v. Alfonsoppellant. UNITED STATES of America, Appellee, v. Eddie KEEPER, Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
Henry Robertson, St. Louis, MO, argued, for appellant Escobar.
Gerald Dunne, Clayton, MO, argued, for appellant Johnson.
Rodolfo Rivera, St. Louis, MO, argued, for appellant Duarte.
Gregory Fenlon, St. Louis, MO, argued, for appellant Keeper.
Steven Holtshouser, St. Louis, MO, argued (Edward L. Dowd, Jr. and Steven E. Holtshouser, on the brief), for appellee.
Before MAGILL and BEAM, Circuit Judges, and SHANAHAN, * District Judge.
After a jury trial, Luis Arturo Escobar, Alfonso Salgueiro-Duarte, Eddie Keeper and Michael Johnson were convicted of various conspiracy and drug-related charges. They raise numerous issues on appeal, including challenges to the sentences imposed by the district court. 1 After reviewing the record, we find no errors which justify reversal. We affirm.
In late May 1993, St. Louis Police Department Detectives Anthony Lachenicht and Joseph Spiess received a tip from a confidential informant that Eddie Keeper was selling heroin. This informant told the officers that Keeper stored and sold his heroin out of an apartment located at 3219 Russell and he met his supplier at an apartment located at 1003 Cole. Both addresses are in St. Louis. Based on this information, these detectives began surveillance activities on Keeper which lasted from May 25, 1993, through June 1993.
Coincidentally, on June 4, 1993, another reliable confidential informant contacted Detectives Timothy Lachenicht (Anthony's brother) and Gregory Chromoga of the St. Louis Police Department Narcotics Unit. That day, these detectives and Detectives Anthony Lachenicht and Spiess all met with this informant. This informant told the officers that Keeper used 3219 Russell, Apartment 9 and 1003B Cole to store and sell large quantities of heroin. The officers then set up surveillance of both locations.
Based on the June 4 information from the informant and through their surveillance activities, the police obtained local search warrants for 3219 Russell, Apartment 9 and 1003B Cole. On July 15, 1993, after obtaining the search warrants, the police reestablished surveillance. They observed Keeper, Michael Johnson and Lance Allen arrive at 3219 Russell in Keeper's vehicle, enter Apartment 9, and leave shortly thereafter in Keeper's vehicle. Uniformed officers were then contacted to stop Keeper's vehicle and arrest the occupants.
The uniformed officers stopped Keeper's vehicle on Grand Avenue. The officers had the three occupants exit the vehicle and performed a pat down search for weapons on each individual. Detectives then arrived on the scene, placed the three suspects under arrest, and performed searches incident to arrest. These searches revealed heroin in the pocket of Allen and heroin in the underwear of Keeper and Johnson. Keeper's vehicle was secured by one of the detectives. At the police station, suspect Johnson directed officers to search his hat, claiming that evidence had been placed there by police officers. Officers found .415 grams of 32% pure heroin. An inventory search of Keeper's vehicle revealed 12.1 grams of 28% pure heroin underneath the driver's seat, several documents in Keeper's name, a mobile telephone and a beeper.
The police then proceeded to search 3219 Russell, Apartment 9 under the local search warrant. This search revealed two frying pans with knives stuck in them and a pot, all containing residue of black tar heroin; scales and a knife with heroin residue on it on top of a kitchen cabinet; coffee grinders used to cut heroin; 55.5 grams of 30% pure black tar heroin beneath a bathroom trash can liner; documents in the name of Tyrone Smith; and three of Keeper's parking tickets and a payment receipt in Keeper's name for his vehicle. Keeper's fingerprint was found in the heroin residue on the knife and on the bottom of one of the frying pans.
After the search at the Russell location was completed, several officers proceeded to 1003B Cole to execute that local search warrant. Upon entry, they observed Alfonso Salgueiro-Duarte and Gregory Coleman. Coleman was talking on the telephone during the police's entry and subsequently left the receiver off the hook. When the police entered 1003B Cole, Duarte made a move towards a couch when ordered to lie down. The police recovered a 9mm semiautomatic gun under one of the couch cushions. The officers asked Coleman and Duarte where the drugs were located. Coleman responded that there were no drugs at 1003B Cole, but at 909A Cole the officers would find heroin and two Hispanic males who owned the heroin. Coleman further explained that he was speaking on the telephone to one of the Hispanic males when the police first entered 1003B Cole, announcing their presence as police and that they had a search warrant. The officers confirmed that the telephone had been left off its receiver the entire time they were in the apartment. Two Western Union wire transfer receipts were the only evidence recovered at this location.
Based on the information provided by Coleman, and fearing that the occupants of 909A Cole were alerted to the police presence at 1003B Cole, several officers immediately proceeded down the block to 909A Cole. While the police were attempting to enter the common door to 909 Cole, they observed three people proceeding up the stairs from 909A Cole: Garland Spivey, Leona Browder and Antoinette Holbrook, an eleven-year-old child, who was carrying a suitcase. They also observed two Hispanic males: one in the doorway of 909A Cole and one immediately outside the doorway. The male immediately outside the doorway (later identified as Escobar) saw the police officers first. He immediately turned to reenter 909A Cole and collided with the male (later identified as Vizcarra) attempting to exit 909A. At that time, Vizcarra also noticed the police attempting to gain entry into 909 Cole. Both men reentered 909A and shut the door behind them. After the police gained entry to 909 Cole, they stopped Spivey, Browder and Holbrook. Holbrook informed the officers that one of the men had placed money in her suitcase and she gave the officers a key to 909A. At a later time, Holbrook's suitcase was searched pursuant to a federal warrant and $25,000 in U.S. currency was found. Escobar's fingerprint was found on one of the money bands.
Fearing that the occupants of 909A may have been destroying evidence, the officers entered the apartment. Escobar and Vizcarra were found in the master bedroom. The police secured both individuals. 378.7 grams of 70% pure heroin were found on Vizcarra. Several papers, including some with Keeper's home telephone number, were found on Escobar. Vizcarra and Escobar were arrested and the apartment was secured while a federal search warrant was obtained. During the execution of that search warrant, a 9mm semiautomatic pistol and duct tape were discovered.
A seven-count indictment was returned against Escobar, Vizcarra, Duarte, Keeper, Johnson and Allen. 2 Escobar, Vizcarra, Duarte, Keeper, Johnson and Allen were charged with conspiracy to distribute and possession with intent to distribute heroin. Keeper, Johnson and Allen were each charged with possession with intent to distribute heroin. Escobar, Vizcarra and Duarte were charged with possession with intent to distribute 100 grams or more of heroin. Duarte, Escobar and Vizcarra were each charged with using and carrying a firearm in relation with drug trafficking. Escobar, Duarte, Keeper and Johnson proceeded to jury trial. Vizcarra entered into a plea bargain with the government and testified against Keeper, Johnson, Duarte and Escobar at trial. After a two and one-half week jury trial, Keeper, Johnson, Duarte and Escobar were convicted on all counts. Escobar was sentenced to 322 months in prison, Keeper to 240 months in prison, Duarte to 78 months in prison, and Johnson was originally sentenced to 78 months in prison, which was later reduced to 21 months. Further details will be developed as we treat those specific issues.
On appeal, the defendants collectively raise thirteen issues, only six of which merit extended discussion: (1) Keeper, Johnson and Duarte raise sufficiency of the evidence challenges; (2) Keeper challenges admission of other crimes evidence; (3) Duarte and Escobar challenge admission of a false exculpatory statement against Keeper as violating Bruton; (4) Escobar challenges admission of certain coconspirators' statements; (5) Duarte challenges the admission of certain evidence used to impeach him; and (6) Keeper and Escobar raise sentencing issues. The remaining issues are without merit and we decline to consider them.
When a defendant argues that the evidence presented at trial was insufficient to sustain his conviction, we review the evidence in the light most favorable to the jury's verdict, accepting as established all reasonable inferences tending to support that verdict. United States v. Agofsky, 20 F.3d 866, 869 (8th Cir.), cert. denied, --- U.S. ----, 115 S.Ct. 363, 130 L.Ed.2d 316 (1994). We will reverse only if "no reasonable jury could have found the defendant guilty beyond a reasonable doubt." United States v. Frayer, 9 F.3d 1367, 1371 (8th Cir.1993), cert. denied, --- U.S. ----, 115 S.Ct. 77, 130 L.Ed.2d 31 (1994).
Keeper and Johnson argue that insufficient evidence...
To continue reading
Request your trial
-
US v. Finn
...requests, only after reasonable notice of the general nature of the evidence that the Government intends to use. United States v. Escobar, 50 F.3d 1414, 1421 (8th Cir.1995). Under the established law of this Evidence which is probative of the crime charged * * * is not `other crimes' eviden......
-
State v. Massey
...the confession only against the co-defendant who [5 Cir. 39]confessed. Bruton, 391 U.S. at 126, 88 S.Ct. 1620;United States v. Escobar, 50 F.3d 1414, 1422 (8th Cir.1995). “If a co-defendant's confession does not incriminate the defendant on its face, but does so only when linked to addition......
-
U.S. v. Mathison
...result of this involvement, he was also properly convicted on related mail fraud and money-laundering charges. See United States v. Escobar, 50 F.3d 1414, 1420 (8th Cir.1995) ("each member of a conspiracy may be held criminally liable for any substantive crime committed by a co-conspirator ......
-
U.S. v. Jackson
...objective was a violation of the law.'" United States v. Jenkins, 78 F.3d 1283, 1287 (8th Cir.1996) (quoting United States v. Escobar, 50 F.3d 1414, 1419 (8th Cir.1995)). Proof of a formal agreement is unnecessary; a tacit understanding is sufficient, United States v. Hoelscher, 914 F.2d 15......