DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171289P.pdf 05/29/2018 United States v. Marcos Perez-Trevino
U.S. Court of Appeals Case No: 17-1289
and No: 17-1352
and No: 17-1718
U.S. District Court for the Northern District of Iowa - Waterloo
[PUBLISHED] [Erickson, Author, with Colloton and Benton, Circuit Judges]
Criminal case - Criminal law. Police department's towing policy contained
sufficiently standardized procedures for the arresting officer to
inventory the contents of defendant Perez-Trevino's vehicle and its
compartments;the car's occupants' contradictory statements, as well as the
marijuana and other evidence of drug use the officer found, provided
probable cause to open a cooler in the car, and the methamphetamine found
in the cooler was admissible; wiretap application provided sufficient
information to establish probable cause that evidence of criminal activity
would be found, as well as the need to use a wiretap; evidence was
sufficient to support defendant Perez-Trevino's conspiracy conviction; no
error in denying defendant's Perez-Trevino's proposed instruction on
multiple conspiracies as the evidence at trial easily supported a finding
of a single conspiracy; various evidentiary challenges rejected; the
district court correctly calculated defendant Flores's advisory guidelines
range and imposed a substantially reasonable sentence; defendant
Castellano failed to meet her burden of proof on her claim she should be
entitled to a minor-role reduction; evidence supported the district
court's drug quantity calculation for Castellano, and her sentence was
substantially reasonable.