United States v. Espindola-Pineda
| Decision Date | 03 February 2016 |
| Docket Number | No. 4:15-CR-29-FL-2,No. 4:15-CR-29-FL-1,4:15-CR-29-FL-1,4:15-CR-29-FL-2 |
| Parties | UNITED STATES OF AMERICA v. AUGUSTO ESPINDOLA-PINEDA, HUBERTO ESPINDOLA-SOTO, Defendants. |
| Court | U.S. District Court — Eastern District of North Carolina |
This matter comes before the court to address the motions by Defendant Huberto Espindola-Soto ("Defendant Soto") to suppress all evidence seized on November 12, 2014 from 3906 Harold Sutton Road, La Grange, North Carolina, all custodial statements made by Defendant Soto, and any fruits thereof [DE-47, -66]; the motion by Defendant Augusto Espindola-Pineda ("Defendant Pineda") to suppress all evidence seized from 3906 Harold Sutton Road [DE-79]; and the motion in limine by Defendant Pineda to exclude summaries of translations of telephone calls at trial [DE-80]. The Government filed responses in opposition to Defendants' motions [DE-55, -83], and the undersigned held an evidentiary hearing on October 5, 2015, to further develop the record. Hr'g Tr. [DE-88]. Accordingly, this matter is ripe for review. For the reasons stated below, the undersigned reserves ruling on Defendant Pineda's motion in limine, and it is recommended that Defendant Pineda's motion to suppress and Defendant Soto's motions to suppress all be denied.
On April 14, 2015, a Grand Jury sitting in the Eastern District of North Carolina charged Defendants by Indictment with one count of conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine and 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, Schedule II controlled substances, in violation of 21 U.S.C. §§ 841(a)(1) & 846; one count of knowingly and intentionally possessing with the intent to distribute 500 grams or more of cocaine and 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine and aiding and abetting, in violation of 18 U.S.C. § 2 and 21 U.S.C § 841(b)(1)(A); and one count of knowingly and intentionally possessing a firearm in furtherance of a drug trafficking crime and aiding and abetting in violation of 18 U.S.C. § 2 and 18 U.S.C. § 924(c)(1)(A). [DE-1]. At the suppression hearing, Defendant Soto submitted two exhibits: a photograph of the La Grange police substation conference room with notations made by Detective Ochoa (Def. Soto's Ex. 1), and a sealed, unredacted copy of Defendant Soto's Mexican identification card (Def. Soto's Ex. 2). Defendant Pineda did not present any evidence at the. suppression hearing.
The Government presented the testimony of six witnesses: (1) Deputy Kenneth Black ("Deputy Black") of the Lenoir County Sheriff's Office, who conducted the traffic stop of Defendant Soto on November 12, 2014; (2) Officer Shawn Howard ("Officer Howard"), a Task Force Officer ("TFO") with the Lenoir County Sheriff's Office and the Drug Enforcement Administration ("DEA"), who was involved with the DEA's surveillance of Defendants and obtained arrest warrants for Defendants based on drug conspiracy charges; (3) Officer Michael Dawson ("Officer Dawson"), a TFO with the Wayne County Sheriff's Office and the DEA, who was involved with the DEA's surveillance of Defendants and obtained consent from Defendant Soto to search the Harold Sutton Road residence; (4) Detective Carlos Ochoa ("Detective Ochoa") of the Greenville Police Department, who provided translation services for both Defendants on November 12, 2014; (5) Sergeant Jovanni Villagra ("Sergeant Villagra"), of the Lenoir County Sheriff's Office who assisted with the search of the Harold Sutton Road residence after advising Defendant Soto ofhis Miranda rights; and (6) Officer Jason Corprew ("Officer Corpew"), a TFO with the Wilson Police Department and the DEA, who interviewed both Defendants on November 12, 2014.
The Government also submitted thirty-five (35) exhibits: a photocopy of the citation issued to Defendant Soto by Deputy Black (Gov't Ex. 1); a redacted photocopy of Defendant Soto's Mexican identification card (Gov't Ex. 2); a photograph of the exterior of the Lenoir County Sheriff's Office substation in La Grange, North Carolina (Gov't Ex. 4); a photograph of the La Grange substation conference room (Gov't Ex. 5); aphotograph of the La Grange substation interior office, used for police interviews (Gov't Ex. 6); a photograph of Defendant Soto (Gov't Ex. 7); a photograph of Defendant Pineda (Gov't Ex. 8); a photocopy of an arrest warrant issued for Defendant Pineda, signed by Magistrate K.C. Jones (Gov't Ex. 12); a photocopy of an arrest warrant issued for Defendant Soto, signed by Magistrate K.C. Jones (Gov't Ex. 13); a photocopy of an arrest warrant for Defendant Pineda, signed by Magistrate Jeb S. Griffin (Gov't Ex. 17); a photocopy of an arrest warrant for Defendant Soto, signed by Magistrate Jeb S. Griffin (Gov't Ex. 18); a photocopy of an arrest warrant for Frederico Espindola-Pineda, signed by Magistrate Jeb S. Griffin (Gov't Ex. 19); a photocopy of a "Cellular Phone Consent to Search Form" signed by Defendant Soto (Gov't Ex. 16); photographs taken during surveillance of Defendant Soto, Defendant Pineda, and Frederico Espindola-Pineda (Gov't Exs. 20-25, 29-39); a photocopy of a consent to search form signed by Defendant Soto, listing the address to be searched as 2786 Harold Sutton Road (Gov't Ex. 9); a photocopy of a consent to search form signed by Frederico Espindola-Pineda, listing the address to be searched as 2786 Harold Sutton Road (Gov't Ex. 10); a photocopy of a Miranda waiver form in Spanish, signed by Defendant Pineda (Gov't Ex. 14); a photocopy of a Miranda waiver form in Spanish, signed by Defendant Soto (Gov't Ex. 15); and a copy of Frederico Espindola-Pineda's Mexican identification card (Gov't Ex. 3). All exhibits were admitted withoutobjection.
The following factual summary is taken from the testimony of all of the witnesses who testified at the suppression hearing and is offered to establish a timeline of the events that occurred on November 12, 2014.
On the evening of November 11, 2014, the DEA intercepted phone conversations between Defendant Soto and another source target, discussing a shipment of drugs that would be delivered to the 3906 Harold Sutton Road residence ("Harold Sutton Road residence") on November 12, 2014. Hr'g Tr. [DE-88] at 38. In the early morning hours of November 12, 2014, the DEA set up surveillance at the Harold Sutton Road residence. Id. The plan was to stop Defendant Soto or Defendant Pineda once either was seen approaching or leaving the residence. Id. Officer Howard arrived to perform surveillance at 6:45 or 7:00 a.m. and contacted the Lenoir County Sheriff's Office to arrange for a canine officer's help with performing a possible traffic stop, ultimately reaching Deputy Black. Id. at 37, 41. Officer Howard left the Harold Sutton Road residence to apply for arrest warrants from a magistrate in Kinston, North Carolina, charging Defendants Soto and Pineda with a drug conspiracy, and Officer Dawson took over the surveillance. Id. at 41-42, 116. While Officer Howard was en route to the magistrate's office, he learned from Officer Dawson that a burgundy GMC Envoy had left the Harold Sutton Road residence. Id. at 41-42. Officer Howard returned to follow the Envoy and saw it pass by with Defendant Soto driving and Frederico Espindola-Pineda ("Frederico") in the passenger's seat. Id. at 42-43, 47. Officer Howard contacted Deputy Black and asked him to stop the Envoy, informing Deputy Black that Defendant Soto did not have a driver's license. Id. at 43-44. Officer Howard knew that Defendant Soto did not have a driver's license from surveillance conducted on July 1, 2014, where Defendant Soto was seenpaying a ticket at the Lenoir County Courthouse for driving without a license. Id.
At 7:50 a.m., Deputy Black stopped the Envoy, after seeing it drive by and noticing that Defendant Soto was not wearing a seat belt. Id. at 21. Within two to three minutes after Deputy Black stopped the Envoy and while he was trying to run Defendant Soto's identification, Officers Howard and Dawson arrived on scene and confronted Defendant Soto and Frederico. Id. at 15, 49-50. Officers Howard and Dawson decided to relocate to the Lenoir County Sheriff's Office substation in La Grange, because they did not know Defendant Pineda's location and did not want him to drive by the scene of the traffic stop. Id. Officer Dawson, Deputy Black, Defendant Soto, and Frederico travelled to the substation, and Deputy Black arranged for the Envoy to be taken there as well. Id. at 50, 118. Officer Howard left the scene of the traffic stop by 8:15 a.m. at the latest and went to the Lenoir County Sheriff's Office to type up conspiracy warrants for Defendants Soto and Pineda. Id. at 51-53. These were the warrants that Officer Howard had set out to obtain earlier that morning, charging Defendants Soto and Pineda with conspiracy to traffic and possess more than 400 grams of methamphetamine (Gov't Exs. 12 and 13). Hr'g Tr. [DE-88] at 51-53. Officer Howard estimated that the warrants, which do not bear a time stamp, were signed by Magistrate K.C. Jones between 9:30 and 10:00 a.m. Id.
Officer Howard testified that the basis for these warrants was intercepted calls referencing shipments of methamphetamine being delivered to Defendants Soto and Pineda at the Harold Sutton Road residence. Id. at 74-95. Pursuant to Title III wiretaps, the DEA monitored the phones of suspected drug traffickers from May 2012 until February 2014, which led to surveillance of Defendants Soto and Pineda on January 8, 2014, March 29, 2014, and July 1, 2014. Id. Interviews of other suspects corroborated that Defendants Soto and Pineda were involved in trafficking drugs. Id. While describing these warrants as charging a historical drug conspiracy, Officer Howardadmitted that there was a problem with the date...
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