United States v. Corson

579 F.3d 804 (7th Cir. 2009)

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Nature of the Case

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Facts

ATF hatched their stash house sting operation. ATF agents met with the CI and asked whether he knew anyone who might be interested in robbing a drug stash house. The CI fingered Marcus Corson (D)and his brother Aaron. The CI called Marcus and told him about a 'business opportunity.' Marcus showed some interest and on November 8 told the CI to meet him at the home of the third defendant, Oscar Alvarez (D), that day. The CI showed up wired. The CI started to tell Ds about the plan, of which 100% of everything was made up and did not exist. The CI described how he worked security for a guy he met in prison named Loquito, or 'Loqs,' who worked for a Mexican drug organization. Before the CI mentioned the robbery, Ds jumped in and asked whether the CI was talking about a 'gank' (meaning a heist). When the CI responded affirmatively, Alvarez asked, 'How much you talkin'?' to which the CI responded 'bricks' of cocaine (the coke, not money, was the target of the robbery). Marcus (D) got excited and Alvarez (D) asked the CI whether he was talking about 'runnin and robbin' some niggas' and to 'make it clear, the details.' The CI explained the operation. Ds probed the CI for details. Marcus (D) asked if the stash house guards would be 'strapped, too,' meaning carrying firearms. The CI said they probably would be. But that didn't matter. Ds said they were in. Marcus (D): 'I'm down, bro. That ain't no thing. I'm down. Ain't a question.' Alvarez (D): 'We in it. We in it a hundred percent, bro.' As for the guards, Marcus (D) said he wouldn't hesitate to kill them. Marcus (D) then told the CI that his brother Aaron would be involved too and that the three of them had done robberies in the past. They agreed to meet the next day. Ds repeatedly expressed concern about whether the drugs would certainly be at the stash house: 'if you send us in, the shit gotta be there, bro. He gotta know if it's there.' Marcus (D) repeated this ultimatum: 'But the only thing is . . . you gotta make sure this shit's there.' And so did Alvarez (D): 'But, ya know what I'm sayin', if shit don't go right, nigga, that falls on you and him.' The CI assured them the drugs would be there. Alvarez (D) stayed to meet Loquito (the undercover agent), who was waiting in a car nearby. Loquito explained how the Mexican drug operation and the stash houses worked and said they were looking at 20 to 25 kilos of coke being in the stash house. Loquito asked whether Alvarez (D) and the Corsons (Ds) were up to the task, and Alvarez (D) repeatedly recommitted: 'You got the crew. We got the crew'; 'Everything sounds good . . . . it's gravy'; 'Yeah. I'm in.' Alvarez (D) explained that he and the Corsons (Ds) had done these kinds of robberies before and had no problem killing the guards in the stash house. If the guards had guns, no problem; they had their own. A couple of weeks passed and the parties met again. though. All three Ds met with the CI and Loquito. These conversations were also recorded. Before they met, the CI told Ds that Loquito was scared to enter their house. Ds met with Loquito outside in a van. Loquito explained the robbery job to everyone. He told them that the drug cartel used empty houses to stash drugs and that he would only know the location of one of those houses just hours before the drugs arrived. There were usually 15 to 20 kilos of cocaine. Loquito also said that the guards of the stash house would be armed. Ds asked about what kinds of weapons the guards carried and Loquito responded that they would have 9mm handguns, or 'li'l baby thumpers,' as he called them. 'Just handguns?' Alvarez (D) responded. Ds weren't worried: 'we got somethin' way bigger'n that.' More affirmations about the robbery took place including how the moneys were to be split. On November 27, the CI called Marcus (D) to tell him the robbery might be the next day. All three Ds drove to a shopping mall parking lot to meet the CI and Loquito, who were already there. Ds expressed concern that the CI and Loquito were being followed. While they waited for the call, they discussed some more of the mechanics of the robbery. When the call didn’t come Ds drove away and never came back. Loquito called them several times to try to salvage the sting but to no avail. He asked them to reconfirm their commitment to the robbery but they refused. The sting was over. Ds were arrested two weeks later. Only a baggie of bullets at Alvarez's (D) apartment was recovered. The defendants were indicted on two conspiracy counts: (1) conspiracy to possess with intent to distribute five or more kilograms of cocaine. All three Ds were convicted of both counts. Marcus and Alvarez (Ds) appealed.