United States v. Jaramillo-Suare

950 F.2d 1378 (1991)

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Nature of the Case

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Facts

Narcotic enforcement agents began an investigation of D by conducting a surveillance of his activities. They identified a certain apartment as one frequently used by D. D drove a 1986 blue BMW and had a girlfriend named Carmen Wilkinson. Agents saw D leave the apartment in the BMW. He drove to a gas station and used a pay telephone for approximately one hour to make and receive calls. He then drove to a shopping center in Costa Mesa and met codefendant Michael Eliott. D and Eliott engaged in a number of activities none of which appeared to be illegal. Eventually, D returned to the apartment and Eliott returned to a room at the Roadway Inn. Agents observed activities for a second day. On the third day, they observed Eliott loading his truck and checking out of the Roadway Inn. As Eliott drove away, police stopped him. Eliott consented to a search of his truck. They found a manila envelope containing $25,500 in a briefcase. A dog trained to detect cocaine 'alerted' on both the envelope and Eliott's truck. Agents obtained search warrants for the apartments. At the first apartment, the agents found eighty-one kilograms of cocaine in four boxes and a suitcase. The agents also found numerous paper and plastic bags, money bags, tape, and a heat sealer at the apartment. At the San Juan Capistrano apartment, they found D's girlfriend inside. In the master bedroom, the agents found $130,000 in a briefcase, registration slips for a 1985 BMW vehicle and a 1986 BMW motorcycle, and $8,000 and a pay/owe sheet in the top drawer of a dresser. Border patrol agents in San Clemente stopped a vehicle in which D was a passenger. The federal agent found fifty-one $100 bills in D's shoe. He also discovered D's driver's license and a digital telephone paging device wedged between the console and passenger seat where Suarez had been seated. D was arrested. The ledger was introduced as evidence against D at trial. It was offered to show the character and use of D’s apartment. D appeals his conviction, arguing that the ledger was inadmissible hearsay.