United States v. Ruiz

59 F.3d 1151 (1995)

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Nature of the Case

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Facts

An undercover Customs agent, Thompson, received a telephone call from a Colombian informant advising him to expect a beeper page from another man in Colombia named 'Frank.' Frank contacted Thompson about purchasing seventy kilograms of cocaine that Thompson had 'smuggled' to Tampa, Florida. Frank said he would have his United States representative call within a few days. It would either be Roke Julio (a/k/a Angel Santana) or a woman named 'Lamento' (a/k/a D). Angel Santana was the ultimate purchaser of the cocaine.

Eventually, D Thompson using the code name of 'Lamento' and wanted to meet with him to negotiate the purchase of the seventy kilos. D and her daughter met Thompson. They discussed some details of the pending buy, including the price of $13,000 per kilo. The controlled delivery of cocaine took place, and Thompson met D and Alba Ruiz in front of a Chili's restaurant. Others with the money joined the meeting. The product was tested, and money exchanged hands. D was arrested. Alba Ruiz was arrested a short while later as she waited at Chili's for her mother to return. Angel Santana was also arrested. D testified at trial that she became involved in this drug deal to help her son-in-law, Frank Burns, resolve a pending federal drug charge so that he could return to his family. D said she believed Santana was working as a government informant based on his statements to her. D thought she was also assisting the government as an informant and, therefore, not committing a crime. D did not receive compensation for her involvement. Another defendant, Aviles, similarly testified that Santana told him that he (Santana) was working with the 'federals.' D requested that the jury be instructed on a mistake of fact defense. It was denied. D was convicted and appealed.