U.S. v. LOPEZ-PENA

Nos. 87-2003 through 87-2008.

912 F.2d 1536 (1989)

UNITED STATES of America, Appellee, v. Esnoel LOPEZ-PENA, Defendant, Appellant. UNITED STATES of America, Appellee, v. Hector BURGOS, a/k/a Tito, Defendant, Appellant. UNITED STATES of America, Appellee, v. Elvin PEREZ-SOTO and Fernando Rupert-Gonzalez, Defendants, Appellants. UNITED STATES of America, Appellee, v. Santos Jesus MARTINEZ-TORRES, Defendant, Appellant. UNITED STATES of America, Appellee, v. Luis Alfredo MARTINEZ-TORRES, Defendant, Appellant. UNITED STATES of America, Appellee, v. Epifanio MARTINEZ-TORRES, a/k/a Fanny, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 22, 1989.


Attorney(s) appearing for the Case

Pia Gallegos, New York City, with whom Harry Anduze Montano, was on brief, for appellants Santos Jesus Martinez-Torres, Luis Alfredo Martinez-Torres and Epifanio Martinez-Torres.

Maria H. Sandoval with whom Law Offices of Nachman & Fernandez-Sein, Santurce, P.R., was on brief, for appellants Esnoel Lopez-Pena and Hector Burgos.

Luis R. Rivera, Old San Juan, P.R., with whom Marco Antonio Rigau, San Juan, P.R., was on brief for appellants Elvin Perez-Soto and Fernando Rupert-Gonzalez.

Jorge E. Vega-Pacheco, Asst. U.S. Atty., San Juan, P.R., with whom Daniel F. Lopez-Romo, U.S. Atty., Hato Rey, P.R., was on brief, for the U.S.

Before SELYA and ALDRICH, Circuit Judges, and RE, Judge.


BAILEY ALDRICH, Senior Circuit Judge.

Between December 11, 1985, and January 31, 1986, Alvin G. Aponte-Marrero (Aponte), an undercover agent for the Bureau of Special Investigations of the Puerto Rico Justice Department, assisted by an informant, made five purchases of heroin in Santa Isabel, Puerto Rico. A hidden tape recorder recorded each of these transactions, and these tapes, along with the agent's testimony, were the primary evidence at the trial of the seven...

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