U.S. v. DIAZ-PELLEGAUD

Nos. 10-3797, 10-3828, 10-3830, 11-1002.

666 F.3d 492 (2012)

UNITED STATES of America, Appellee, v. Jesus Fabel DIAZ-PELLEGAUD, also known as Fael, also known as Fabel, Appellant. United States of America, Appellee, v. Jose Garcia, also known as Maya, also known as Moya, Appellant. United States of America, Appellee, v. Jose Enrique Burgos-Valdez, also known as Jose Enrique Burgos, also known as Feriche, also known as Feruchi, also known as Arturo, Appellant. United States of America, Appellee, v. Benjamin Melendez-Rocha, also known as Roberto Barron, also known as Enano, also known as Nano, also known as Seta, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 25, 2012.


Attorney(s) appearing for the Case

Stephen R. McCaughey , argued, Salt Lake City, UT, for appellant Jesus Fabel Diaz-Pellegaud in case no. 10-3797.

Richard L. Johnson , argued, Sioux Falls, SD, for appellant Jose Garcia in case no. 10-3828.

Thomas J. VonWald , argued, Sioux Falls, SD, for appellant Jose Enrique Burgos-Valdez in case no. 10-3830.

Margaret Ann VandeMore Gillespie , argued, for appellant Benjamin Melendez-Rocha in case no. 11-1002.

Mark E. Salter , AUSA, argued, John E. Haak , AUSA, on the brief, Sioux Falls, SD, for appellee.

Before MELLOY, BEAM, and GRUENDER, Circuit Judges.


GRUENDER, Circuit Judge.

Jesus Fabel Diaz-Pellegaud, Jose Garcia, Jose Enrique Burgos-Valdez, and Benjamin Melendez-Rocha appeal their convictions and sentences on various grounds. For the reasons set out below, we affirm the convictions and sentences imposed by the district court.1

I. BACKGROUND

This case stems from a multi-year investigation into an interstate and international drug smuggling and distribution organization...

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