UNITED STATES of America, Plaintiff-Appellee, v. Gilbert MENDOZA, Defendant-Appellant

Gilbert Mendoza pleaded guilty to a charge of conspiracy to distribute cocaine in violation of 21 U.S.C. § 841 and to a charge of possessing with intent to distribute 42,000 pounds of cocaine in violation of 21 U.S.C. § 841 (a)(1). He reserved the right to appeal a denial of his Kastigar motion and to appeal his sentence. We affirm his conviction and remand for reconsideration of his sentence.

FACTS

On October 3, 1989 at approximately 2:00 p.m. Mendoza was arrested in Hollywood, California by a team of local police officers. He was informed that he was charged with possession of cocaine with intent to distribute. Advised of his constitutional rights, he stated that he understood them and declared that he was willing to answer questions without the presence of a lawyer. He was interviewed by task force officer Dean Caputo and DEA Special Agent John Emerson, who asked him to explain how he became a driver for “the organization.” He declared that he had been approached by Hector and Carlos (persons known to the agents as Hector Tapia-Anchondo and Carlos Tapia-Ponce), who in 1986 asked him to drive a tractor-trailer for them. He said that he would pick up the vehicle on Bradley…