Free Sentencing Statement - District Court of Colorado - Colorado

Case 1:04-cr-00429-MSK

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 04-cr-00429-MSK-1 UNITED STATES OF AMERICA, Plaintiff, v. 1. RAMON MARTINEZ, Defendant.

GOVERNMENT'S SUPPLEMENTAL SENTENCING STATEMENT

The United States of America, by and through Joshua Stein, Assistant United States Attorneys, submits the following supplemental sentencing statement:

DRUG QUANTITY - § 2D1.1(C) Defendant contends that he should only be held responsible for the amount of methamphetamine implicated directly by the jury's verdict, i.e. 5-15 kg, U.S.S.G. § 2D1.1(c)(2). The government submits that the Court should credit Ms. Meza, who testified that she sold 5-10 pounds of methamphetamine per week for defendant, beginning in June 2003 until her arrest in January 2004. Trial Tx 138:18-25.1 This would raise defendant's offense level by two points (§ 2D1.1(c)(1)), making him

All citations "Trial Tx" are to the consecutively paginated transcripts of trial. All citations to the transcript of the sentencing hearing are cited as "Sent. Tx.".

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responsible for more than 15 kg of methamphetamine. There was a wealth of evidence adduced at trial that corroborates Ms. Meza's account of her methamphetamine trafficking with and for defendant, as well as independently supporting the higher amount: (i) Det. Flores arrested defendant with 438 net grams of methamphetamine and $1464 cash. Trial Tx 11:6-7; 36:19-20. Defendant told Det. Flores that he could deliver large amounts of methamphetamine, up to 200 pounds. Trial Tx 14:6-7; 15:17-18. This statement to Det. Flores is corroborated by defendant's own intercepted calls, where he discusses the organization of which he was a part sending loads of 200 lbs. of methamphetamine. Sent. Ex. 5; Sent. Tx. 38:6-9. (ii) Det. Flores interpreted one of the recorded calls (Trial Ex. 30B)2 in which defendant is discussing the transportation of 4 kilos of methamphetamine and his desire to set up a larger deal for 100 kilos of methamphetamine, at $17,000 per kilo. Trial Tx. 23:3-19. (iii) Ms. Meza was arrested with 575 net grams of methamphetamine. Trial Tx 73:13. She had on her person a drug ledger with many detailed entries as to her methamphetamine dealings on behalf of defendant. Trial Ex. 4; Trial Tx 190:4 ­ 192:10. The drug ledger is consistent with her testimony that she delivered smaller quantities of methamphetamine, as opposed to "Carlos", who

All citations with "Trial Ex." are to trial exhibits. Citations to exhibits introduced at the sentencing hearing on December 5, 2005, are cited as "Sent. Ex.".

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delivered larger quantities. Trial Tx. 136:22 ­ 137:12. Over $41,000 was recovered from the storage shed as well as over 5 kg of methamphetamine, for which defendant was convicted. Trial Tx 97:20; 99:16. This large amount of money and methamphetamine indicates a large drug trafficking operation. Trial Tx 109:16 ­ 111:4. (iv) In a series of three calls, defendant directs his associate Beto to find and kill a Panzone in exchange for the forgiveness of Beto's debt to defendant. Trial Ex. 30C, 30D, 30E. In Call 30E, defendant asks if "those dudes" are still there. When Beto states that they are, defendant tells him to catch them himself. Defendant tells Beto, "I'll forgive [your] whole fucking debt, buddy, if you kill the dummies for me. Both fuckers right away." Defendant later tells Beto, "Let's see how tough you are! I want to know, I want you to just cut off the dummies' heads and bring it to me." Beto tells defendant that he needs a gun and they discuss how to get Beto a gun. Beto reports that the target is at a Travel Lodge motel and law enforcement officers find an individual matching Panzone's description at the hotel, arresting him for his own protection. Trial Tx 254:22-23. (v) When defendant is stopped in Arizona, he has $3830 cash in his pocket and $4000 cash hidden inside a sock in a duffel bag. Trial Tx 273:18-20; 279:1417. He is driving a truck with hidden compartments, revealed by a narcotics dog. Trial Tx 287:11-19. His passenger, Christine Alvarado, had a loaded gun, full magazine plus one round in the chamber, in her purse. Trial Ex. 23;

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Trial Tx 276:14-17; 296:15-24. (vi) Defendant arranges for the wiring of funds of $2000 to Arizona so that the deal between Sotelo, acting on behalf of defendant, and Loya could go through. Trial Ex. 32. Sotelo and his wife were arrested with over 2 kilos of methamphetamine; the jury attributed this transaction to defendant in their verdict on the "Uncharged Offense". Trial Tx 390:22. When arrested immediately thereafter, Jose Loya had $2400 in cash in his pocket. Trial Tx 406:19. (vii) When arrested, defendant was in a home with an electronic high-speed cash counting machine, closed circuit surveillance system, hidden compartments in the house, and a pistol-grip shotgun. Trial Tx 442:7 ­ 444:7, 451:18 ­ 452:25; Trial Ex. 46A, 46B, 47A, 47B, 49A, 49B, 51. The hidden compartment in the house could hold approximately 10-25 pounds of methamphetamine. Trial Tx 445:17-23. The white Buick which had belonged to Hugo Sotelo was out in front of defendant's home; it had hidden compartments. Trial Ex. 50; Trial Tx 450:6 ­ 451:17.

POSSESSION OF A FIREARM - § 2D1.1(B)(1) This enhancement applies "if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense." § 2D1.1 note 3 (emphasis added). Given the plethora of guns found in a variety of circumstances throughout the

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course of the conspiracy, the enhancement applies: (i) Ms. Meza accepted a firearm in trade for methamphetamine at the direction and approval of defendant. Trial Ex. 6; Trial Tx 83:23; 192:14 ­ 193:6. (ii) Christine Alvarado had a loaded gun, full magazine plus one round in the chamber, in her purse when stopped with defendant in Arizona. Trial Ex. 23; Trial Tx 276:14-17; 296:15-24. (iii) In a transaction attributed by the jury to defendant ("Uncharged Offense"), Jose Loya had a loaded gun in his pocket immediately following his delivery of methamphetamine to the Sotelos. Trial Tx 404:25 ­ 405:3; Trial Ex. 40. (iv) When arrested, defendant was in a home with an electronic high-speed cash counting machine, closed circuit surveillance system, hidden compartments in the house, and a pistol-grip shotgun. Trial Tx 442:7 ­ 444:7, 451:18 ­ 452:25; Trial Ex. 46A, 46B, 47A, 47B, 49A, 49B, 51. The hidden compartment in the house could hold approximately 10-25 pounds of methamphetamine. Trial Tx 445:17-23. The white Buick which had belonged to Hugo Sotelo was out in front of defendant's home; it had hidden compartments as well. Trial Ex. 50; Trial Tx 450:6 ­ 451:17. (v) Though excluded by the Court at trial, Det. Flores was to testify that defendant had a loaded gun in his pocket when he was arrested by Det. Flores in New Mexico with 1 lb. of methamphetamine. Trial Tx 5:24 ­ 8:16. (vi) In a series of three calls, defendant directs his associate Beto to find and kill a Panzone in exchange for the forgiveness of Beto's debt to defendant. Trial Ex.

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30C, 30D, 30E. In call 30E, defendant asks if "those dudes" are still there. When Beto states that they are, defendant tells him to catch them himself. Defendant tells Beto, "I'll forgive [your] whole fucking debt, buddy, if you kill the dummies for me. Both fuckers right away." Defendant later tells Beto, "Let's see how tough you are! I want to know, I want you to just cut off the dummies' heads and bring it to me." Beto tells defendant that he needs a gun and they discuss how to get Beto a gun. Beto reports that the target is at a Travel Lodge motel and law enforcement officers find an individual matching Panzone's description at the hotel, arresting him for his own protection. Trial Tx 254:22-23.

IMPORTATION ADJUSTMENT - § 2D1.1(B)(4) The following evidence adduced at the sentencing hearing on December 5, 2005, supports the finding that defendant's source of methamphetamine was in Mexico: (i) The head of the drug-trafficking organization, "El Senor", is in Juarez, Mexico. Sent. Tx. 25:13-19; 30:2-4. (ii) The organization was sending loads of up to 200 lbs. of methamphetamine. Sent. Ex. 5; Sent. Tx. 38:6-9. Methamphetamine is not made in any large quantities in New Mexico, where defendant was based. Sent. Tx. 47:4-22. (iii) Defendant discusses bringing in loads of methamphetamine into the United States. Sent. Tx. 28:19 ­ 29:8; 29:21 ­ 30:4; Sent. Ex. 2. (iv) When the aunt and uncle of the load driver who stole a load of

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methamphetamine are apprehended, they are taken to Juarez, Mexico. Sent. Ex. 3; Sent. Tx. 31:6-10.

ROLE IN OFFENSE - § 3B1.1(A) OR (C) The following evidence, inter alia, supports an increase for role in the offense: (i) Two young women, Carlos, and 1-2 other men all delivered methamphetamine to Ms. Meza on behalf of defendant and picked up the money. Trial Tx 139:11-13; 143:18-23; 166:17-21. (ii) In a recorded telephone call, defendant checks up on Ms. Meza to see whether she had delivered the pound of methamphetamine with which she was arrested. Trial Ex. 14; Trial Tx 175:8-11. (iii) In another call, defendant indicates that an unknown employee has to "call back and check in" with defendant. Trial Ex. 30C; Trial Tx 185:19 ­ 186:5. (iv) Two Hispanic females accompany defendant on his trips to arrange a deal involving Hugo Sotelo in Arizona, one of them driving a chase car. Trial Tx 370:21 ­ 371:15. (v) Defendant arranged for the wiring of funds to Arizona so that the deal between Sotelo, acting on behalf of defendant, and Loya could go through. Trial Ex. 32. Sotelo and his wife were arrested with over 2 kilos of

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methamphetamine; the jury attributed this transaction to defendant in their verdict on the "Uncharged Offense". Trial Tx 390:22. (vi) In a series of three calls, defendant directs his associate Beto to find and kill a Panzone in exchange for the forgiveness of Beto's debt to defendant. Trial Ex. 30C, 30D, 30E. In call 30E, defendant asks if "those dudes" are still there. When Beto states that they are, defendant tells him to catch them himself. Defendant tells Beto, "I'll forgive [your] whole fucking debt, buddy, if you kill the dummies for me. Both fuckers right away." Defendant later tells Beto, "Let's see how tough you are! I want to know, I want you to just cut off the dummies' heads and bring it to me." Beto tells defendant that he needs a gun and they discuss how to get Beto a gun. Beto reports that the target is at a Travel Lodge motel and law enforcement officers find an individual matching Panzone's description at the hotel, arresting him for his own protection. Trial Tx 254:22-23. (vii) A woman named "Vanessa" distributed drugs in Albuquerque, New Mexico, for defendant, performing the same role played by Ms. Meza in Colorado Springs. Sent. Tx. 28:12-18; Sent. Ex. 2.

Respectfully submitted, WILLIAM J. LEONE United States Attorney

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By: s/ Joshua Gramling Stein JOSHUA GRAMLING STEIN Assistant United States Attorney U.S. Attorney's Office 1225 17th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 Email: [email protected] Attorney for the United States

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CERTIFICATE OF SERVICE I hereby certify that on this 24th day of January, 2006, I electronically filed the foregoing GOVERNMENT'S SUPPLEMENTAL SENTENCING STATEMENT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addressed: Matt Golla, [email protected] and I hereby certify that I have mailed or served the document or paper to the following non- CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the nonparticipant's name: None s/ Joshua Gramling Stein JOSHUA GRAMLING STEIN Assistant United States Attorney U.S. Attorney's Office 1225 17th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 Email: [email protected] Attorney for the United States

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