United States v. Cruz-Rea
2010 U.S. App. LEXIS 23632
| 7th Cir. | 2010Background
- DEA conducted a summer 2007 investigation into cocaine shipments from California and Utah to Indianapolis, Indiana.
- DEA obtained authority to wiretap 24 Spanish-language conversations using code language about drug trafficking.
- Officer Toy identified Cruz-Rea by voice after hearing a 15-second exemplar 50–60 times, relating to two conversations with him and other coded discussions.
- Following Cruz-Rea's arrest, police found cocaine and distribution materials at three residences and firearms in two of them.
- Garcia-Rea was stopped in Utah in a Ford Focus with gift-wrapped cocaine packages; she admitted knowledge of the cargo and transport for $500.
- Barragan testified about Cruz-Rea and Franco’s conspiracy; Cruz-Rea allegedly offered Barragan one kilogram of cocaine for later payment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of voice identification testimony | Cruz-Rea—Toy's foundation under Rule 901(b)(5) is sufficient. | Cruz-Rea—foundation inadequate; testimony is unreliable and improper under Rule 701. | Found admissible; sufficient minimal familiarity; credibility for jury to weigh. |
| Admissibility and use of transcripts of wiretap conversations | Transcripts necessary aids; jury may use transcripts during deliberations; speakers may be identified. | Transcripts misstate evidence; improper instruction encouraging transcript over recording. | Admissible; transcripts allowed; proper jury instructions given; transcripts used as aid, not sole evidence. |
| Admission of Barragan's coconspirator statements | Statements by Barragan and Franco were in furtherance of conspiracy and admissible. | Statements were not in furtherance or were unreliable. | Admissible as non-hearsay under Rule 801(d)(2)(E); some statements reasonably further conspiracy. |
| Cruz-Rea’s offense level increase for firearms | Two firearms found with drugs justify a two-level increase. | It’s unclear that firearms were connected to the offense. | Not clearly erroneous; permissible inference supports firearm enhancement. |
| Suppression of evidence from Ford Focus search | Informant's reliability supported probable cause to search under automobile exception. | Informant unreliable; insufficient corroboration. | Probable cause supported by informant details, corroboration, and surrounding circumstances; automobile exception satisfied. |
Key Cases Cited
- United States v. Neighbors, 590 F.3d 485 (7th Cir. 2009) (minimal familiarity for voice ID foundation)
- United States v. Recendiz, 557 F.3d 511 (7th Cir. 2009) (voice ID requires minimal familiarity)
- United States v. Jones, 600 F.3d 847 (7th Cir. 2010) (cross-examination may test reliability of voice ID)
- United States v. Mansoori, 304 F.3d 635 (7th Cir. 2002) (recognizes corroboration permissibly informing reliability)
- United States v. Degaglia, 913 F.2d 372 (7th Cir. 1990) (reliability considerations for evidence)
- United States v. Nunez, 532 F.3d 645 (7th Cir. 2008) (instruction regarding transcripts and recordings)
- United States v. Madoch, 149 F.3d 596 (7th Cir. 1998) (jury instructions on transcript use)
- United States v. Macey, 8 F.3d 462 (7th Cir. 1993) (discretion in transcript-related rulings)
- United States v. Breland, 356 F.3d 787 (7th Cir. 2004) (transcripts in Spanish-language recordings)
- United States v. Wade, 114 F.3d 103 (7th Cir. 1997) (standards for appellate review of factual findings)