United States v. Rene Esquer-Gamez, Enrique Platt-Lopez, Guillermo Platt-Lopez

Three co-defendants were tried together and appeal from judgments of conviction of importing, possessing and distributing cocaine in violation of 21 U.S.C. §§ 841 (a)(1), 952(a) and 960(a)(1). We affirm in the case of Enrique Platt-Lopez (Enrique), and we reverse the convictions of Rene Esquer-Ga-mez (Esquer) and Guillermo Platt-Lopez (Guillermo).

FACTS

While in Phoenix, Arizona, Enrique, a Mexican citizen, was introduced to Ron Umbower, a government informant. Um-bower asked Enrique whether Enrique could buy cocaine for him in Mexico. Enrique agreed to “look into it.” From November, 1975, to February, 1976, Umbower contacted Enrique approximately twenty times regarding the possibility of obtaining cocaine. Umbower told Enrique that his “people” were upset with Enrique, who could earn a substantial amount of money if he cooperated. Finally, Enrique agreed to meet with the “dealers,” and at the meeting produced an ounce of cocaine, which the “dealers,” actually narcotics agents, purchased. At another meeting on April 13, 1976, the agents showed Enrique $26,000 in cash, which they said they were willing to exchange for 20 ounces of cocaine. The transaction was to be completed…

concurring in part and dissenting in part:

I concur in the majority opinion as far as it covers Enrique Platt-Lopez.

However, I believe it was entirely unnecessary and harmless error that the district court gave the Jewell-type jury instruction in view of the admissions made by the three appellants when they were first questioned shortly after their arrest at the border. The border agents told each of them his Miranda rights before questioning him. (They are educated and well-placed men in Mexico: Rene is an attorney in public administration; Enrique is an attorney; and Guillermo studied business administration three years at the university of Sonora and is the administrator of a ranch.)

Rene said Enrique gave him a package of the merchandise (cocaine) at Nogales, Sonora; the merchandise came from Culiacan; he (Rene) was going to get something from the deal, but did not know how much.

Enrique admitted he divided the cocaine in Hermosillo among himself, his brother (Guillermo) and Rene; Enrique and Guillermo walked across the border with the cocaine in their clothing; Rene drove through the port of entry carrying a quantity of the cocaine.

Guillermo said the cocaine was from…

550 F.2d 1231 UNITED STATES of America, Plaintiff-Appellee, v. Rene ESQUER-GAMEZ, Enrique Platt-Lopez, Guillermo Platt-Lopez, Defendants-Appellants. Nos. 76-2734, 76-2745 and 76-2799. United States Court of Appeals, Ninth Circuit. March 31, 1977. Jo Ann D. Diamos, argued, Asst. Federal Public Defender, Tucson, Ariz., for defendant-appellant Esquer-Gamez. Sidney F. Wolitzky, argued, Tucson, Ariz., for defendant-appellant Guillermo Platt-Lopez. Joe F. Tarver, Jr., argued, Robert J. Hooker of Hooker, McDonald & Morgan, Tucson, Ariz., for defendant-appellant Enrique Platt-Lopez. Irma E. Dirst, Asst. U. S. Atty., argued, William C. Smitherman, U. S. Atty., Tucson, Ariz., for plaintiff-appellee. Appeal from the United States District Court for the District of Arizona. Before DUNIWAY, CHOY and KENNEDY, Circuit Judges. DUNIWAY, Circuit Judge: 1 Three co-defendants were tried together and appeal from judgments of conviction of importing, possessing and distributing cocaine in violation of 21 U.S.C. §§ 841 (a)(1), 952(a) and 960(a)(1). We affirm in the case of Enrique Platt-Lopez (Enrique), and we reverse the convictions of Rene Esquer-Gamez (Esquer) and Guillermo Platt-Lopez…