United States v. Eli Torres
694 F. App'x 937
| 5th Cir. | 2017Background
- Federal investigation (FBI and local agencies) of the Texas Syndicate (TS) for narcotics distribution and murder; wiretap authorization obtained in Aug. 2011 targeting Eli Torres and others.
- Alfredo Tapia III and Torres tried together on conspiracies to distribute cocaine and marijuana; multiple TS members and associates (Vela, Quintanilla, Sanchez, Cuellar) pleaded guilty and testified for the Government.
- Trial resulted in convictions as charged. District court sentenced Tapia to 240 months (concurrent counts) with enhancements for obstruction, firearms, and violence; Torres received 300 months (concurrent).
- Tapia appealed only the sentencing enhancements (U.S.S.G. §§ 3C1.1, 2D1.1(b)(1), 2D1.1(b)(2)).
- Torres appealed the wiretap authorization (necessity under 18 U.S.C. § 2518) and the denial of a Franks hearing challenging the affidavit.
- Fifth Circuit affirmed convictions and sentences, rejecting challenges to the sentencing enhancements, wiretap necessity, and denial of a Franks hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Obstruction enhancement (§ 3C1.1) for Tapia | Tapia: jury verdict alone doesn't prove perjury; his testimony denied dealing; district court should make separate findings for each perjury element | Gov: PSR and evidence (intercepts, pen register, witness testimony, jury verdict) support finding of willful, material false testimony; district court may adopt PSR findings | Affirmed: enhancement proper; district court permissibly credited contradictory evidence and adopted PSR; no clear error |
| Firearm possession enhancement (§ 2D1.1(b)(1)) for Tapia | Tapia: Government failed to prove possession; testimony of co-conspirators was uncorroborated and conflicted with his account | Gov: co-conspirator testimony, pen register, and PSR showed firearms used/possessed in furtherance; foreseeability from conspiracy supports attribution | Affirmed: district court credited co-conspirator testimony; enhancement not clearly erroneous |
| Use/credible threat of violence enhancement (§ 2D1.1(b)(2)) for Tapia | Tapia: enhancement rests solely on uncorroborated Quintanilla testimony lacking reliability | Gov: testimony and PSR show a debtor was held at gunpoint in Tapia’s presence; TS’s violent modus operandi made such conduct foreseeable | Affirmed: court could credit testimony; PSR presumed reliable absent competent rebuttal; enhancement proper |
| Wiretap necessity and Franks challenge for Torres | Torres: wiretap unnecessary because leadership change was known and many traditional techniques had already uncovered much of the conspiracy; affidavit omitted that real-time surveillance ran only 16 hours/day (material omission) | Gov: affidavit showed normal techniques failed or were unlikely/dangerous; omission of 16-hour operational detail was immaterial and not shown to be included to mislead | Affirmed: necessity requirement satisfied; Franks hearing properly denied (omission immaterial; no reckless intent shown) |
Key Cases Cited
- Dunnigan v. United States, 507 U.S. 87 (perjury supports obstruction enhancement)
- Franks v. Delaware, 438 U.S. 154 (standard for evidentiary hearing when affidavit contains false statements or omissions)
- United States v. Krout, 66 F.3d 1420 (wiretap necessity upheld where infiltration dangerous and other techniques inadequate)
- United States v. Webster, 734 F.2d 1048 (similar support for wiretap where surveillance/infiltration risky)
- United States v. Zapata-Lara, 615 F.3d 388 (foreseeability and attributing coconspirator’s weapon possession at sentencing)
- United States v. Smith, 804 F.3d 724 (district court may adopt PSR findings and credit evidence at sentencing)
- Puckett v. United States, 556 U.S. 129 (plain-error standard for preserved objections)