United States v. Larios
| Decision Date | 02 February 2023 |
| Docket Number | CRIMINAL ACTION 1:21-cr-10118-IT |
| Parties | UNITED STATES OF AMERICA v. JOSE LARIOS, et al., Defendants. |
| Court | U.S. District Court — District of Massachusetts |
UNITED STATES OF AMERICA
v.
JOSE LARIOS, et al., Defendants.
CRIMINAL ACTION No. 1:21-cr-10118-IT
United States District Court, D. Massachusetts
February 2, 2023
MEMORANDUM & ORDER
INDIRA TALWANI, UNITED STATES DISTRICT JUDGE
On April 15, 2021, a grand jury indicted Defendants Jose Larios, Angel Valenzuela, Rafael Torres, and two others. Indictment [Doc. No. 1]. Larios, Torres, and Valenzuela were charged with conspiracy to distribute and to possess with intent to distribute a controlled substance in violation of 21 U.S.C. § 846 and Larios and Torres were charged with conspiracy to launder money in violation of 18 U.S.C. § 1956(h). Id. Larios, joined by Torres, now seeks to suppress evidence the government obtained pursuant to wiretap interceptions under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, see 18 U.S.C. §§ 2510-2522, and any evidence derived therefrom. Mot. to Suppress Title III Interceptions [Doc. No. 114]; Elec. Order [Doc. No. 152] (permitting Torres to join Larios's motion). Valenzuela seeks to suppress evidence the government obtained from a vehicle search. Mot. to Suppress Evidence [Doc. No. 115]. For the following reasons, the motions are DENIED.
I. Background
A. The Start of the Investigation
In October 2019, the Drug Enforcement Administration (“DEA”) began an investigation into a Mexico-based drug trafficking organization (the “DTO”) based on information obtained
from a confidential source (“CS-1”) and a DEA cooperating witness (“CW-1”). DEA Agent Mark Concannon, Jan. 6, 2020 Affidavit (“Concannon Aff.”) ¶¶ 25, 28 [Doc. No. 114-4]. CS-1 provided information that the DTO could supply multiple-kilogram quantities of fentanyl to buyers in the United States. Id. at ¶ 28. CS-1 passed the phone number of CW-1 to a Mexican male, Alejandro Cisneros Noyola (aka “Capi”), and CW-1 engaged in negotiations with several members of the DTO to arrange the transport of 17 kilograms of fentanyl to Massachusetts. Id. at ¶¶ 7, 23, 29.
During the week of October 14, 2019, CW-1 received several calls from various Mexicobased numbers and discussed the buying and selling of kilogram quantities of fentanyl. Id. at ¶¶ 30-32.[1] The first call was from an unknown Mexican male who discussed establishing a drug trafficking relationship with CW-1 and inquired about which drugs CW-1 was interested in purchasing. Id. at ¶ 30. CW-1 said that he was interested in purchasing fentanyl. Id. The Mexican male told CW-1 that he had an associate who could arrange to sell CW-1 kilogram quantities of fentanyl. Id. at ¶ 31.
CW-1 received a second call from a different Mexico-based number in which he spoke with a different Mexican male. Id. at ¶ 32. The second caller told CW-1 that he could pick up 10 kilograms of fentanyl in New York, to which CW-1 responded that he was in Massachusetts and would not travel to New York to pick up the fentanyl. Id. The second caller informed CW-1 that he would find someone to transport the drugs to CW-1 in Massachusetts and he further agreed to sell CW-1 fifteen kilograms of fentanyl at a price of $44,000 per kilogram, inclusive of
transportation costs. Id. He also let CW-1 know that “the guy” would call CW-1 when he was near the agreed upon meeting location in Boston, Massachusetts. Id.
Over the next two weeks, CW-1 had conversations with various men calling from Mexican-based phone numbers to coordinate the drug transaction, including a man named Alejandro. Id. at ¶¶ 32-39. On October 25, 2019, CW-1 exchanged a series of recorded calls and text messages with a Mexico-based cellular phone number during which a male who identified himself as Alejandro continued to discuss the logistics of the drug transaction with CW-1. Id. at ¶ 34.
B. Communications between CW-1 and the “1085 Phone” Regarding Delivery
On October 26, 2019, CW-1 received a text message from the phone number (857) 2611085 (the “1085 Phone”),[2] which read, “Man on behalf of the Capitan.”[3] Id. at ¶¶ 17a, 37; DEA Agent Mark Drobac Jr., July 1, 2020 Affidavit (“Drobac Aff.”) ¶ 27 [Doc. No. 114-9]. That same day, the 1085 Phone was used to call CW-1 and the caller said he was calling “on behalf of the Capitan.” Concannon Aff. ¶ 38 [Doc. No 114-4]. CW-1 asked what was going on, and the 1085 Phone caller replied, “I need the address.” Id. CW-1 told the 1085 Phone caller that he could not go that day. Id. The 1085 Phone caller replied, “Ok, so this week coming up?” Id. CW-1 agreed, confirming that they would meet the following week to conduct the drug transaction. Id. The call ended with CW-1 and the 1085 Phone caller agreeing to speak later. Id.
C. October 30, 2019 Communications with CW-1
On October 30, 2019, CW-1 received a call from another unidentified Mexican male who told CW-1 he was flying out to meet with CW-1 the following day. Id. at ¶ 39. After this call, CW-1 spoke with Alejandro, who told CW-1 that “his guys” would be arriving in Boston the following day to meet with CW-1 to finalize the logistics for the delivery of the fentanyl. Id. During the call, CW-1 provided Alejandro with an address for a location in Boston and a time for when the meeting would take place. Id.
D. Larios's October 31 and November 2, 2019 Meetings with CW-1
On October 31, 2019, Larios rented a car from the Enterprise car rental office, located at the Bradley International Airport in Windsor Locks, Connecticut. Id. at ¶ 40. Enterprise records show that in renting the vehicle, Larios gave his California driver's license and the telephone number the government later identified as the Target Telephone in the January 6, 2020 wiretap application. Id. at ¶¶ 7a, 40. The same day, investigators observed Larios and Oscar Velazquez Alonso (“Velazquez”) inside the rental car in the parking lot of the meeting location that CW-1 had provided to Alejandro for finalizing logistics of the drug transaction. Id. at ¶¶ 17b, 17d, 3941. CW-1 called Alejandro when he arrived at the location, and Alejandro directed CW-1 to Larios. Id. at ¶ 41.[4] Larios entered CW-1's vehicle and told CW-1 that a courier who worked for Larios would deliver 17 kilograms of fentanyl to CW-1 the following day. Id. at ¶ 41.[5]
On November 1, 2019, Alejandro called CW-1 and told him that the delivery truck had been delayed and that Larios would call CW-1 later that afternoon to arrange a meeting where
they could discuss the delivery. Id. at ¶ 42. On November 2, 2019, after CW-1 spoke with Alejandro on the phone again, investigators surveilled CW-1 meeting with Larios and Velazquez in Boston. Id. at ¶ 43. At that meeting, Larios told CW-1 that the delivery truck was in Assonet, Massachusetts, and that someone would call CW-1 the next morning to finalize details of the transfer. Id. Also during this meeting, CW-1 observed that Velazquez was in possession “of numerous cell phones,” and when Larios said he was going to call the courier Velazquez selected a specific phone from “the bunch” to hand to Larios. Id.
E. November 3, 2019 Drug Transaction
On November 3, 2019, Larios texted CW-1-from a phone other than the Target Telephone-the address in Assonet where CW-1 was to meet the courier. Id. at ¶ 44. As CW-1 approached the white tractor trailer truck, driven by Defendant Marco Antonio Jauregui (“Jauregui”), Jauregui gave CW-1 a “thumbs up signal” and handed him a bag that weighed approximately 17 kilograms and contained “17 individually heat sealed brick shaped packages,” the contents of which field-tested positive for fentanyl. Id.[6]
Once CW-1 had taken possession of the fentanyl, investigators directed Massachusetts State troopers to stop Larios's rental car as it was driving towards Connecticut. Id. at ¶ 45. During the stop, the officer identified Larios and Velazquez by their California driver's licenses. Id.
F. Communications After the November 3, 2019 Drug Transaction
After the November 3, 2019 delivery, Alejandro called CW-1 numerous times to collect payment for the drugs. Id. at ¶ 50. On December 22, 2019, Alejandro gave CW-1 a phone number (not the Target Telephone number) to contact Larios. Id. On December 23, 2019, CW-1 called Larios at that number and Larios pressed CW-1 for “the balance” and what was “pending.” Id. at ¶ 51. Agent Concannon states in his affidavit that he believes based on the investigation that Larios was referring to payment for the 17 kilograms of fentanyl. Id. at ¶ 52.
G. January 2, 2020 Drug Transaction and Vehicle Stop and Search
On January 1, 2020, the precise location data for Jauregui's phone indicated it was in the District of Massachusetts. Id. at ¶ 53.[7] The following day, the precise location data for the 1085 Phone indicated it was in the vicinity of 797 River Street, Hyde Park, Massachusetts (“797 River Street”). Id. at ¶ 54. The location data had allowed investigators to identify 797 River Street as a “drug stash location.” Id. at ¶ 79.
Using the precise data location, agents followed the 1085 Phone as it traveled away from 797 River Street in a white Honda Accord and led them to a truck driven by Jauregui. Id. at ¶ 54; Drobac Aff. ¶ 51 [Doc. No. 114-9].[8] Agents observed Jauregui and Valenzuela meet at the passenger-side of Jauregui's truck and observed Valenzuela unload two heavy black duffle bags
and place them in the white Honda Accord. Concannon Aff. ¶ 54 [Doc. No. 114-4]; Drobac Aff. ¶ 51 [Doc. No. 114-9]. Agents followed the white Honda Accord. Concannon Aff. ¶ 54 [Doc. No 114-4]; Drobac Aff. ¶ 51 [Doc. No. 114-9]. The Honda Accord stopped in Woburn, Massachusetts where the agents saw Valenzuela exit the vehicle and get into a Chevy Equinox. Drobac Aff. ¶ 51 [Doc. No. 114-9].
Agents requested that the Chevy Equinox be stopped and at approximately 12:20 p.m. on January 2, 2020, a Massachusetts State Police trooper pulled over the vehicle. Concannon Aff. ¶ 54 [Doc. No 114-4]. The driver of the Chevy Equinox told agents that...
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