United States v. Richard Ortiz

Richard Anthony Ortiz appeals his conviction for conspiracy to distribute large quantities of methamphetamine and heroin, and possession of heroin with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(A), and 846. Ortiz contends the district court erred in admitting the opinion testimony of his United States probation officer, Angela McGlynn, identifying' Ortiz’s voice speaking primarily Spanish on wiretapped calls because McGlynn does not speak Spanish and had only heard Ortiz speak English. Since we hold the district court did not abuse its discretion in ruling on the authentication of his voice on the recordings, we affirm Ortiz’s conviction.

I

A

Richard Anthony Ortiz was indicted on April 24, 2012, along with ■ 33 other co-defendants as part of an inter-agency investigation into the Berrelleza Drug Trafficking Organization (“DTO”), which moved large quantities of drugs from Mexico to the United States and smuggled cash proceeds and firearms back to Mexico. According to drug ledgers seized, Ortiz was a leading drug re-distributor for the DTO. He was released from a halfway house in the summer of 2011 on another federal charge and began dealing…