United States v. Roman Magana-Olvera

Roman Magana-Olvera (“Magana”) appeals his convictions resulting from a Drug Enforcement Agency (“DEA”) undercover operation in Pasco, Washington. Magana claims that he was tried in violation of The Speedy Trial Act of 1974, 18 U.S.C. §§ 3161-64 (1988). He further claims that the admission of certain hearsay statements at trial violated his sixth amendment right to confront his accusers. Finally, he claims that the district court improperly sentenced him. We affirm in part, reverse in part, and remand for resentencing.

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As the drug epidemic in Washington has spread to the countryside, the DEA has turned to deputizing state and local police officers by forming regional “task forces.” This is the story of an undercover operation conducted by the DEA Tri-City Task Force, which covers the cities of Richland, Pasco, and Kennewick. It all began when one Bobby Zimmerle, a paid informant to the Pasco Police Department, promised to introduce Valerie Mull (another paid informant) to his cousin Ricky Zimmerle, who allegedly dealt in drugs for a major cocaine supplier. Mull made several drug purchases from Ricky and won his trust. Confident that Mull would soon meet Ricky’s supplier,…