United States v. Santiago Pena-Espinoza

A jury convicted Santiago (“Chago” or “Chagon”) Pena-Espinoza of conspiracy to distribute cocaine and distribution of cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. He timely appeals, arguing that the district court erred in admitting into evidence wiretap transcripts of contested accuracy, hearsay testimony summarizing the contents of these transcripts, and statements of one of his alleged co-conspirators. He also contends that the district court erred in its application of relevant United States Sentencing Guidelines provisions. We affirm the conviction and sentence.

Factual Background

During an extensive investigation of a large drug distribution network, FBI agents made over 100 undercover cocaine and heroin purchases. The FBI used telephone monitoring devices to establish the relationship between Pena-Espinoza and the conspiracy. For instance, agents monitored a conversation between Pena-Espinoza and conspirator Arnoldo Aispuro-Aispuro during which Pena-Espinoza agreed to provide Aispuro-Aispuro with cocaine for a sale. Additionally, an undercover agent/purchaser testified that she saw Pena-Espinoza in the room when this sale actually took place, and that the next…

dissenting:

The district court allowed testimony by law enforcement agents in which they summarized critical wire-tapped conversations to which they were not a party. Such a practice is both unprecedented and indefensible. Accordingly, I dissent.

I.

I note at the outset that the majority rests its affirmance on a narrow view of what this case requires us to decide. The majority concludes that the district court’s ruling only authorized the government to introduce “factual condensation^] of the transcripts’ contents.” Ante at 360. Therefore, according to the majority, the defendant’s objection to the ruling preserved only the issue whether “factual condensations” were admissible. The majority then concludes that the defendant never properly objected to the nonfactual testimony offered by the agents.

As a result of its narrow construction of the district judge’s ruling and the defendant’s objection, the majority reviews the admission of different portions of the agents’ testimony under different standards of review. It reviews the admission of the agents’ “factual condensations” for an abuse of discretion. In contrast, it reviews the remainder of the agents’ non-factual…

47 F.3d 356 UNITED STATES of America, Plaintiff-Appellee, v. Santiago PENA-ESPINOZA, Defendant-Appellant. No. 92-30405. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1993. Decided Feb. 3, 1995. Mark Bennett Weintraub, Weintraub & Halley, Portland, OR, for defendant-appellant. Frank Noonan, Asst. U.S. Atty., Portland, OR, for plaintiff-appellee. Appeal from the United States District Court for the District of Oregon. Before: REINHARDT, BRUNETTI, and FERNANDEZ, Circuit Judges. BRUNETTI, Circuit Judge: 1 A jury convicted Santiago ("Chago" or "Chagon") Pena-Espinoza of conspiracy to distribute cocaine and distribution of cocaine in violation of 21 U.S.C. Secs. 841 (a)(1) and 846. He timely appeals, arguing that the district court erred in admitting into evidence wiretap transcripts of contested accuracy, hearsay testimony summarizing the contents of these transcripts, and statements of one of his alleged co-conspirators. He also contends that the district court erred in its application of relevant United States Sentencing Guidelines provisions. We affirm the conviction and sentence. Factual Background 2 During an extensive investigation of a large…