United States v. Diego Botero, United States of America v. Robert Dennis Cantalupo

Appellants Diego Botero and Robert Dennis Cantalupo, based on a stipulated Statement of Facts, submitted to the District Court following waiver of jury trial, were found guilty of conspiracy to import cocaine, 21 U.S.C. § 952 (a), 960 and 963; importation of cocaine, 21 U.S.C. § 952 (a), and possession of cocaine with intent to distribute, 21 U.S.C. § 841 (a)(1). Each was sentenced to a five-year prison term with a three-year special parole term. Appellants bring this appeal challenging the use of an electronic tracking device, a warrantless entry into an apartment to make an arrest, the validity of an affidavit supporting a request for a search warrant, and the use of Appellant Cantalupo’s post-arrest statements, the latter assertedly in violation of Miranda. We affirm the conviction.

I. FACTS

On September 29, 1977 a shipment of leather handbags, sent from Colombia, S. A. to “South American Imports,” Sunnyvale, California, arrived at the San Francisco International Airport. A lawful Customs search revealed approximately nine pounds of cocaine hidden in secret compartments of the handbags. The shipment was prepared for controlled delivery by Drug Enforcement Administration (DEA)…