United States v. Gutberto Beltran-Gutierrez, United States of America v. Jose Beltran-Cardenas

Gutberto Beltran-Gutierrez (Gutierrez) appeals from the judgment of conviction for conspiracy to possess with intent to distribute heroin and possession with intent to distribute heroin, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(B)©, and 18 U.S.C. § 2 . He contends that his Fifth Amendment privilege against self incrimination was violated because the prosecutor introduced his suppression hearing testimony on the issue of guilt at trial. We affirm because the record shows that the prosecutor did not present this evidence in its case in chief or to prove that Gutierrez was guilty. In an unpublished memorandum decision filed today, we address the remainder of Gutierrez’s challenges to the judgment of conviction and the sentencing decision.

I. FACTS

The evidence, viewed in the light most favorable to the Government, disclosed the following facts: With the assistance of an informant, Drug Enforcement Administration Task Force Agents (agents) arranged to purchase eight ounces of heroin from Jose Beltran-Cardenas (Cardenas). On April 7, 1992, the agents came to Cardenas’ apartment complex to complete the sale. When they arrived, Cardenas introduced Gutierrez to the agents and…