United States v. Velasque

772 F.2d 1348 (1985)

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Nature of the Case

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Facts

Estevez, the government's principal witness, testified that he met with some of the Ds in Miami to plan the trip and pick up the cocaine. Estevez and two of the Ds drove to Chicago with the cocaine, met the other Ds there, and later went to Rockford with the cocaine. Estevez, fearing that he was about to be caught by the FBI, became an informant. The government paid him almost $20,000 for his information. In June 1982 Galvan (D1) twice sold heroin to an undercover agent. These sales were the basis of the heroin charges against D1. In October 1982 D1 and Velasquez (D2) kidnapped Estevez and Miss Campana and threatened to kill them for having 'snitched' on El Toro (the drug dealer). They took the two to the apartment of Ramon Gomez (D3), who entered later and asked what was going on. He was told to guard Miss Campana while D1 and D2 took Estevez out, but after a while he let her go. Estevez escaped from his captors by offering to get them more drugs and then slipping away en route. The cases against D1 and D2 were very strong, but the case against D3 for the intent to retaliate was extremely weak. The jury acquitted D3 of aiding and abetting the retaliation but found him guilty of conspiracy to retaliate. These appeals resulted.