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United States v. Espada

March 20, 1979

UNITED STATES OF AMERICA, APPELLEE ,
v.
JACOB ESPADA, APPELLANT .



Appeal from the United States District Court for the Southern District of New York.

Present: HONORABLE IRVING R. KAUFMAN, Chief Judge.

HONORABLE MURRAY I. GURFEIN, Circuit Judge.

HONORABLE JACOB MISHLER, District Judge, sitting by designation.

This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York, and was argued by counsel.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed.

1. The evidence was overwhelming that Espada understood the Miranda warnings. Espada clearly understands English well, and the testimony of Agents Velotta and Glauner was that he indicated that he understood the warnings and when asked if he wished to make a statement said that he would do so. Judge MacMahon was justified in finding that Espada had waived his rights. See, e.g., United States v. Cassino, 467 F.2d 610, 620 n.30 (2d Cir. 1972), cert. denied, 410 U.S. 928 (1973).

2. The sentence fixed by Judge MacMahon was valid. The evidence of DeMarzo's conversations with Espada's co-conspirators Torres and Santiago-Velez was sufficient for him to conclude that Espada was able to supply further amounts of cocaine. The disparity between the sentences imposed on Espada and on his co-conspirators was "fully justified by the evidence of their respective involvement" in the crime. United States v. DiStefano, 555 F.2d 1094, 1102 (2d Cir. 1977).

19790320

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