United States v. Salvador Ahumada-Avalos

Defendant-appellant Salvador Ahumada-Avalos was convicted and sentenced to ten years in prison in the Eastern District of Washington for participating in the sale and distribution of over 500 grams of cocaine. The sale was consummated in Idaho. The government obtained evidence identifying Ahumada-Avalos and linking him to Qriminal conduct by subpoenaing telephone company records of toll calls made from an unlisted telephone number.

Ahumada-Avalos contends that the district court erred (1) in not instructing the jury that in a multi-district conspiracy case, an overt act must occur in the district where the case was tried; (2) in not dismissing the distribution count of the indictment when the indictment failed to allege that the act of distribution occurred in the Eastern District of Washington, where the case was tried; and (3) in denying his motion to suppress evidence gained from telephone toll records subpoenaed by the government. Additionally, he argues that the application of the enhanced mandatory minimum penalty sentencing amendment to 21 U.S.C. § 841 based on convictions that occurred before the amendment’s enactment violated the ex post facto clause of the…