US v. Correa-Alicea

Filing 920091027

Opinion

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var gAgent = navigator.userAgent.toLowerCase() var gWindows = ( (gAgent.indexOf( "win" ) != -1 ) || ( gAgent.indexOf( "16bit" ) != -1 ) ) var gIE = ( gAgent.indexOf( "msie" ) != -1 ) var bInlineFloats = ( gWindows && gIE && ( parseInt( navigator.appVersion ) >= 4 ) ) var floatwnd = 0 var WPFootnote1 = ' Correa-Alicea and Santiago-Torres were indicted along with\ six co-defendants. The six co-defendants entered into plea\ agreements, while Correa-Alicea and Santiago-Torres proceeded to a\ joint trial. \ ' var WPFootnote2 = ' The government acknowledges in its brief that Ortiz-Cruz\ provided inconsistent testimony as to whom he purchased heroin from\ on April 12. On direct examination, he stated that he bought drugs\ from "Colin [Correa-Alicea] and Geraldo [Santiago-Torres]" on or\ about April 12. However, he subsequently claimed that he had\ purchased the drugs on April 12 "[f]rom Colin," which he then\ repeated on cross-examination. The government now takes the\ position that the April 12 purchase did not involve Santiago-Torres\ at all, noting that the transcript of the audio recording of this\ purchase does not list Santiago-Torres as a speaker. \ ' var WPFootnote3 = ' The third controlled purchase, made by Ortiz-Cruz on April\ 12, 2006, was for heroin rather than cocaine base, and therefore is\ not relevant to this calculus. \ ' var WPFootnote4 = ' Although Correa-Alicea does not raise the argument, it could\ be contended that an estimate of drug quantity based on controlled\ buys arranged by government agents is particularly unreliable, as\ there is no evidence that these buys are representative of sales by\ ordinary customers. See Rivera-Maldonado, 194 F.3d at 232. \ However, even if the controlled buys stipulated to in this case are\ somewhat larger than the average buys by ordinary customers at\ Correa-Alicea\'s drug point, the calculation outlined above more\ than compensates for any overestimate in the average drug\ transaction size by using the extremely conservative estimate of\ just one drug purchase per day. \ ' var WPFootnote5 = ' Santiago-Torres also contends on appeal that the district\ court erred by stating in this order that Santiago-Torres\ "request[s] an expert on voice identification," thereby disclosing\ his ex parte request for a voice identification expert. We discuss\ this claim of error below. \ ' function WPShow( WPid, WPtext ) { if( bInlineFloats ) eval( "document.all." + WPid + ".style.visibility = 'visible'" ); else { if( floatwnd == 0 || floatwnd.closed ) floatwnd = window.open( "", "comment", "toolbars=0,width=600,height=200,resizable=1,scrollbars=1,dependent=1" ); floatwnd.document.open( "text/html", "replace" ); floatwnd.document.write( "\r\n" ); floatwnd.document.write( " p { margin-top:0px; margin-bottom:1px; } \r\n" ); floatwnd.document.write( "\r\n" ); floatwnd.document.write( WPtext ); floatwnd.document.write( 'Close'); floatwnd.document.write( "

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