United States v. William John Sutton, United States of America v. Freddie Goldbaum Ortiz, United States of America v. Valentine Frank Proitte

Appellants are three members of a group that smuggled large quantities of marijuana by air into the United States. They appeal their judgments of conviction on various grounds. We address each contention and the facts pertinent thereto under separate headings.

I. SUTTON

Defendant-appellant William John Sutton was indicted on nine counts: (1) conspiracy to import more than 50 kilograms of marijuana into the United States in violation of 21 U.S.C. § 963 (Count 1); (2) conspiracy to possess with intent to distribute and to distribute in excess of 50 kilograms of marijuana in violation of 21 U.S.C. § 846 (Count 2); (3) engaging in a continuing criminal enterprise in violation of 21 U.S.C. § 848 (Count 3); (4) possession with intent to distribute approximately 1,500, 500 and 600 pounds of marijuana in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 (Counts 8, 13, 18); and (5) interstate travel in aid of a racketeering enterprise in violation of 18 U.S.C. §§ 2 , 1952 (Counts 11, 12, 15).

Sutton pleaded guilty to engaging in a continuing criminal enterprise as charged in Count 3, pursuant to a plea agreement with the government. The government dismissed the eight remaining…