Zavala

FINDING OF FACT AND CONCLUSIONS OF LAW

INTRODUCTION:

The government is prosecuting the defendant in the above-captioned case for counts three through eight, and count twenty-five of the March 1983 indictment. Counts three through eight allege that Zavala used a telephone, in committing, causing or facilitating the commission of a felony narcotics violation, in violation of 21 U.S.C. § 843 (b). In count twenty-five, the government alleges that Zavala violated 21 U.S.C. § 848 , the continuing criminal enterprise (CCE) statute.

The trial, a bench trial, began in late October of 1984 and consisted partly of stipulated facts and partly of live testimony. Closing argument was heard on February 22, 1984. After an examination of the record in this case, and a consideration of the legal arguments by counsel, the court hereby finds Julio Zavala GUILTY of counts three (3), four (4), five (5), six (6), eight (8), and twenty-five (25). The court hereby finds the defendant NOT GUILTY of count seven (7).

The court also hereby orders dismissed count one (1) of the indictment against Zavala and vacates his plea of guilty to this count.

The following memorandum sets forth the factual and legal…