United States Tenth Circuit

Defendants' convictions and sentences stemming from a large-scale cocaine trafficking scheme are affirmed where: 1) based on applicable case precedent, as well as ample evidence supporting the necessity of wiretaps, the district court did not abuse its discretion in authorizing the wiretaps and refusing to suppress evidence obtained therefrom; 2) the evidence was sufficient to support a defendant's conviction; 3) defendants challenging jury instructions did not meet their burden to demonstrate prejudice; 4) there was no abuse of discretion in not severing three defendants' trials; and 5) the sentences were procedurally and substantively reasonable. (Amended opinion)

Appellate Information

• Decided 10/31/2008
• Published 11/03/2008

Judges

• Before TACHA, KELLY, and McWILLIAMS, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Philip A. Cherner, Esq., Law Office of Philip A. Cherner, appearing for Appellant Sergio Zapata-Hernandez., Richard N. Stuckey (Jennifer L. Gedde, with him on the briefs), Denver, CO, appearing for Appellant Jaime Zapata., Submitted on the briefs:   Robert S. Berger, Denver, CO, for Appellant Arnoldo Zapata., Antony M. Noble, The Joffe Law Firm, Denver, CO, for Appellant Lilian Galvan., Megan L. Hayes, Laramie, WY, for Appellant Humberto Galvan.


• For Appellees:
  
• Martha Paluch, Assistant United States Attorney (Troy A. Eid, United States Attorney, with her on the brief), Office of the United States Attorney for the District of Colorado, Denver, CO, appearing for Appellee.