United States v. Lopez

Law enforcement intercepted cellular telephone communications pursuant to a Maryland state court order, revealing that Moreno and Salinas planned to transport illegal drugs to Illinois. Lopez arranged for Linares to get the drugs from Salinas and bring them to him. Law enforcement intercepted the drugs at an Illinois bus stop, arresting Salinas and Linares and seizing 10 ounces of methamphetamine. A government source engaged in three controlled purchases of illegal drugs from Lopez. Lopez knowingly with knowingly attempting to possess 50 grams or more of methamphetamine with intent to distribute, 21 U.S.C. 841(a)(1), (b)(1)(A)(viii). Lopez unsuccessfully moved to suppress evidence of two cellular telephone calls, arguing that the Maryland order violated 18 U.S.C. 2518(4)(b) by failing to specify “the nature and location of the communications facilities,” and that intercepted communications fell outside of the state’s territorial jurisdiction. The government notified Lopez that it intended to rely on two prior drug convictions to enhance his sentence to life in prison. One conviction stemmed from a 1999 Texas felony marijuana possession charge for which Lopez completed a deferred adjudication. The Seventh Circuit affirmed Lopez’s conviction and life sentence, upholding the denial of the motion to suppress. The district court expressly found that the listening post was in Maryland. The court rejected challenges to the sufficiency of the evidence and that the government failed to prove that Lopez took a substantial step toward committing the underlying offense. The court did not err in counting Lopez’s 1999 conviction as a predicate conviction. View "United States v. Lopez" on Justia Law