United States v. Gonzalez (121 F. Supp. 3d 1094, 2015)

United States District Court for the District of New Mexico 2015-07-27

Money and Finance

Citations

Full opinion text

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Motion to Suppress, filed August 7, 2014 (Doc. 675)(“Motion”). The Court held evidentiary hearings on the Motion on January 22, 2015, January 28, 2015, and January 30, 2015. The primary issues are: (i) whether the United States Drug Enforcement Agency’s investigation of the Homero Varela Drug-Trafficking Organization (“Varela DTO”) gave Luis Almonte and Manny Marquez — sheriffs deputies with the El Paso County Sheriffs Office— probable cause to stop Defendant Ramon Gonzalez, Sr.’s truck and to search his trailer on November 10, 2011; (ii) whether the Court will suppress the cocaine and marijuana that Almonte and Marquez discovered in Gonzalez, Sr.’s trailer, and Gonzalez, Sr.’s post-arrest statements as fruit of an unlawful search and seizure under the Fourth Amendment to the United States Constitution; and (iii) whether, if the Court cannot impute probable cause from the DEA’s investigation of the Varela DTO to Almonte and Marquez, their stop of Gonzalez, Sr.’s truck and search of Gonzalez, Sr.’s trailer violated the Fourth Amendment. Under the collective knowledge doctrine, the DEA’s investigation of the Varela DTO gave Almonte and Marquez probable cause to stop Gonzalez, Sr.’s truck and to search his trailer. Accordingly, the Court will not suppress the cocaine and marijuana that the deputies discovered in Gonzalez, Sr.’s trailer, and will not suppress Gonzalez, Sr.’s post-arrest statements as the fruit of an unconstitutional search or seizure. If the Court could not impute probable cause from the DEA’s investigation to the deputies, however, their search of Gonzalez, Sr.’s trailer was unlawful, and the Court would suppress the drugs that they discovered during their search and Gonzalez, Sr.’s post-arrest statements as the fruit of an unlawful search and seizure. Consequently, the Court will deny the Motion.

FACTUAL BACKGROUND

When ruling on a motion to suppress, the Court must state its essential findings on the record. See Fed.R.Crim.P. 12(d) (“When factual issues are involved in deciding a motion, the court must state its essential findings on the record.”). This Memorandum Opinion and Order’s findings of fact shall sei-ve as the Court’s essential findings for rule 12(d)’s purposes. The Court makes these findings under the authority of rule 104(a) of the Federal Rules of Evidence, which requires a judge to decide preliminary questions relating to the admissibility of evidence, including the legality of a search or seizure, and the voluntariness of an individual’s confession or consent to search. See United States v. Merritt, 695 F.2d 1263, 1269-70 (10th Cir.1982) (“[U]nder Rule[] 104(a) ..., the district court ‘is not bound by the Rules of Evidence except those with respect to privilege.’ ” (quoting United States v. Matlock, 415 U.S. 164, 174, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974))). In deciding such preliminary questions, the other rules of evidence, except those with respect to privileges, do not bind the Court. See Fed. R.Evid. 104(a) (“The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege”). Thus, the Court may consider hearsay in ruling on a motion to suppress. See United States v. Merritt, 695 F.2d at 1269 (“The purpose of the suppression hearing was, of course, to determine preliminarily the admissibility of certain evidence allegedly obtained in violation of defendant’s rights under the Fourth and Fifth Amendments. In this type of hearing the judge had latitude to receive it, notwithstanding the hearsay rule.”); United States v. Garcia, 324 Fed.Appx. 705, 708 (10th Cir.2009) (unpublished) (“We need not resolve whether Crawford [v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004)]’s protection of an accused’s Sixth Amendment confrontation right applies to suppression hearings, because even if we were to assume this protection does apply, we would conclude that the district court’s error ean-not be adjudged ‘plain.’ ”); United States v. Ramirez, 388 Fed.Appx. 807, 810 (10th Cir.2010) (unpublished)(“It is beyond reasonable debate that Ramirez’s counsel were not ineffective in failing to make a Confrontation Clause challenge to the use of the confidential informant. The Supreme Court has not yet indicated whether the Confrontation Clause applies to hearsay statements made in suppression hearings.”). Cf. United States v. Hernandez, 778 F.Supp.2d 1211, 1226 (D.N.M.2011) (Browning, J.)(eoncluding “that Crawford v. Washington does not apply to detention hearings”).

1. The DEA’s Investigation of the Varela DTO.

1. Special Agent Gerald Maestas has worked for the DEA for approximately fifteen years, and has been involved in at least ten wiretap investigations. See Transcript of Hearing at 19:17-23 (taken January 22, 2015)(Maestas), filed March 30, 2015 (Doc. 753)(“Jan. 22, 2015, Tr.”); id. at 27:7-9 (Maestas).

- 2. By the time Maestas reviewed the intercepted telephone calls related to what would later become known as the El Paso Drug Seizure — i.e., the seizure of the cocaine and marijuana that the deputies discovered in Gonzalez, Sr.’s trailer — he had spent approximately eight months as the case agent in charge of the DEA’s investigation of the Varela DTO. See Jan. 22, 2015, Tr. at 27:14-18 (Swainston).

3. The DEA’s investigation of the Varela DTO involved, among other things: (i) the development and use of at least eight confidential sources, who collectively provided reliable, active, and historical information about the organization, Varela, Gonzalez, Sr., and numerous other associates of the organization dating back to at least 2009; (ii) the use of undercover agents; (iii) the review and analysis of electronic data, which included an analysis of the use of cellular telephones by members and associates of the Varela DTO; (iv) physical surveillance, including the use of a pole camera; and (v) the examination of discarded trash. See Jan. 22, 2015, Tr. at 27:19-29:16 (Swainston),

■ 4. Beginning in July, 2011, the United Státés District Court for the District of New Mexico authorized four wiretaps for the DEA’s investigation. See Jan. 22, 2015, Tr. at 29:16-21 (Swainston).

5. In July, 2011, Maestas identified Gonzalez, Sr. as a drug smuggler, a Sinaloa Cartel associate, and a Varela associate, See Jan. 22, 2015, Tr. at 29:24-30:6 (Swainston).

6. The DEA began intercepting telephone calls between Varela and Jaime Ibarra-Solis, whom Maestas had identified as Varela’s primary source of supply of illegal drugs. See Jan. 22, 2015, Tr. at 30:14-18 (Swainston).

7. Maestas determined, through reviewing telephone toll records and intercepted communications from Varela and others, that Gonzalez, Sr. was communicating with J. Ibarra-Solis. See Jan. 22, 2015, Tr. at 30:19-21 (Swainston).

8.. From; November 3, 2011, through November 11, 2011, the DEA intercepted approximately twenty= pertinent telephone calls between: (i) Varela and J, IbarraSolis; (ii) Varela-and Gonzalez, Sr.’s neph-. ew, Andres Gonzalez; (iii) Varela and Gonzalez, Sr.’s son, Ramon Gonzalez, Jr.; (iv) Varela and Steve Chavez; and (v)( Varela and Gonzalez, Sr.- See Jan, 22, 2015, Tr. at 31:2-7 (Swainston),

9. Based on his assessment of the intercepted communications, Maestas believed that a shipment was about to occur, in which Gonzalez, Sr. and A. Gonzalez would transport cocaine from J. IbarraSolis to Varela. See Jan. 22, 20Í5, Tr. at 31:12-18 (Swainston).

10. On or about, November 9, 2011, Maestas directed other agents and officers to use a “walled-off stop” to intercept the shipment in El Paso, Texas. Jan. 22,2015, Tr. at 32:19-24 (Swainston).

2. Wiretap Evidence Showing a Drug Shipment Was Likely Imminent.

11. What follows in the findings of fact is primarily Maestas’ interpretation of the intercepted communications, with which the Court agrees; following each finding of fact, there is a citation sentence that provides a direct quotation or synopsis of the telephone conversation — translated from Spanish into English — that Maestas is interpreting. It appears that, where the direct quotation or synopsis includes pronouns, the Spanish translator attempted to identify each pronoun’s antecedent in parentheses. In other words, the content in the parentheses was not explicitly stated during the telephone conversations, but added by whomever interpreted the calls. This information is the rawest data that the Court has for these telephone conversations. Gonzalez, Sr. has not argued that any of the synopses or direct quotations inaccurately translated Spanish into English.

a. Telephone Conversations Between Varela and J. Ibarra-Solis.

12.In a November 2, 2011, telephone call, Varela told J. Ibarra-Solis that he was preparing a horse trailer that would be ready in January, 2012, in which he could transport larger shipments of cocaine. See Jan. 22, 2015, Tr. at 94:15-21 (Swainston, Maestas); Session Number: 11 (Nov. 3, 2011) at 3, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call ll”).

13. Varela told J. Ibarra-Solis that, sometimes, he would ask his source of supply for thirty to forty kilograms of cocaine, receive the cocaine on consignment, and then pay the source of supply when he sold the drugs. See Jan. 22, 2015, Tr. at 96:15-97:3 (Swainston, Maestas); Call 11 at 4.

14. In a November 4, 2011, telephone call, Varela asked J. Ibarra-Solis if he expected a cocaine shipment soon. See Jan. 22, 2015, Tr. at 97:24-98:4 (Swainston, Maestas); Session Number: 22 (Nov. 4, 2011) at 3, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 22”)(“Varela told UM471 that he was checking to find out what time they [UNK] are coming, and have they [UNK] told UM471 what time they would be coming. UM471 told Varela that he would call and find out, but he first needs to go to the doctor to have his stitches removed.”).

15. In a subsequent call on November 4, 2011, Varela learned that J. IbarraSolis’ driver backed out of his agreement to transport the cocaine. See Jan. 22, 2015, Tr. at 98:5-11 (Swainston, Maestas); Session Number: 79' (Nov. 4, 2011) at 7, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 79”)(“UM471 informed that the guy [UNK] who was going to give them (UM471 et al) a ride had backed out and didn’t want to go anymore. UM471 commented that since yesterday the guy [UNK] was giving excuses and added that his buddy [UNK] was angry about it.”).

16. Varela agreed to help find a new driver, but said that he did not have any trips scheduled at that time. See Jan. 22, 2015, Tr. at 98:12-13 (Swainston, Maestas); Call 79 at 7 (“Varela commented that he didn’t have any trips right now. UM471 asked if Varela knew of somebody who would help them out. Varela responded that he would try to find out.... ”).

17. J. Ibarra-Solis stated that he had a vehicle available and that it was similar to the vehicle that Gonzalez, Jr. had previously used to transport drugs. See Jan. 22, 2015, Tr. at 98:13-21 (Swainston, Maestas); Call 79 at 7.

18. Varela explained that his clients were calling him insistently for cocaine and asked J. Ibarra-Solis to check on the cocaine shipment. See Jan. 22, 2015, Tr. at 98:22-99:3 (Swainston, Maestas); Call 79 at 7.

19. In a telephone call on November 5, 2011, Varela told J. Ibarra-Solis that J. Ibarra-Solis’ brother-in-law was working on a trailer with hidden compartments that could hold money or drugs. See Jan. 22, 2015, Tr. at 99:5-13 (Swainston, Maestas); Session Number: 117 (Nov. 5, 2011) at 4, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 117”).

20. In another call that same day, Varela asked J. Ibarra-Solis if his brother, Alonso Ibarra-Solis, had at least two kilograms of cocaine in Albuquerque; J. Ibarra-Solis replied that his brother did not have any cocaine at that time. See Jan. 22, 2015, Tr. at 99:21-25 (Swainston, Maestas); Session Number: 119 (Nov. 5, 2011) at 5, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 119”).

21. In a telephone call later that day, J. Ibarra-Solis asked Varela for his telephone number, so that someone could call Varela to pick up money from him. See Jan. 22, 2015, Tr. at 101:2-6 (Swainston, Maestas); Session Number: 194 (Nov. 5, 2011) at 16, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 194”)(“UM471 asked Varela for a phone number, so that they [NFI] call call [sic] him, in order for them [UNK] to go ahead and pick that [NFI] up from him (Varela).”).

22. Later that day, Varela told J. Ibarra-Solis that he would send him $198,000.00. See Jan. 22, 2015, Tr. at 101:7-9 (Swainston, Maestas); Session Number: 195 (Nov. 5, 2011) at 17, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 195”).

23. In the-final telephone call on November 5, 2011, Varela told J. Ibarra-Solis that Varela had given the money to Ramiro and that Ramiro would give, the money to J: Ibarra-Solis. See Jan. 22, 2015, Tr. at 101:10-15 (Swainston, Maestas); Session Number: 218 (Nov. 5, 2011) at 21, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 218”). ' - .•

24. On November 6, 2011, J. IbarraSolis explained in a telephone call -with Varela that, altogether, including A. Ibarra-Solis’ cocaine, he had between thirty-' five and forty kilograms of cocaine to send to-Varela, but they still could not find a driver to transport it. See Jan. 22, 2015, Tr. at 101:17-21 (Swainston, Maestas); Session Number: 293 (Nov. 6, 2011) at 3, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 293”).

25. -Varela said that he was tempted to ask A. Gonzalez to transport the cocaine. See Jan. 22, 2015, Tr. at 101:21-23 (Swainston, Maestas); Call 293 at 3 (“Varela told UM471 that he is- feeling like asking this man’s-nephew [UNK] to go for them.”).

26. J. Ibarra-Solis told Varela to ask A. Gonzalez to drive the load, and advised J. Ibarra-Solis to' not tell A. Gonzalez that the cocaine belongs to A. Ibarra-Solis. See Jan. 22, 2015, Tr. at 101:24-102:1 (Swainston, Maestas); Call 293 at 3 (“UM471 told Varela to go ahead and ask him (man’s nephew), and not to say that they [NFI] don’t belong to that other dude [UNK],- that they [UNK] belong to UM471.... UM471 told Varela to tell him (man’s nephew) that they [NFI] belong to him (Varela).”).

27. In a telephone conversation later that day, Varela told J. Ibarra-Solis that he had asked Gonzalez, Sr. about transporting the drugs and that Gonzalez, Sr. had asked for J. Ibarra-Solis’ telephone number. See Jan. 22,2015, Tr. at 102:7-11 (Swainston, Maestas); Session Number: 444 (Nov. 6, 2011) at 14, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 444”).

28. Varela told J. .Ibarra-Solis that Gonzalez, Sr.’s “eyes popped out” when Varela told him that there was a large shipment of cocaine to transport. Jan. 22, 2015, Tr. at 102:12-14 (Swainston, Maestas); Call 444 at 14.

29. Varela said that Gonzalez, Sr. was still upset about a prior dispute with A. Ibarra-Solis, but that Gonzalez, Sr. was the only one who could help them with the shipment in light of their time constraints. See Jan. 22, 2015, ,Tr. at 102:15-19 (Swainston, Maestas); Call 444 at 14 (“Varela told UM471 that he (Varela) is, still upset about the problem, but well ■ he has no other recourse but to continue working. Varela proceeded to tell UM471 that the man is the only one who can help them (Varela et al) out right now.”).

30. In. a telephone conversation later that day, J. Ibarra-Solis told Varela that Gonzalez, Sr. had agreed to transport the cocaine. See Jan. 22, 2015, Tr. at 104:6-8 (Swainston, Maestas); Session Number: 489 (Nov. 6, 2011) at 21, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 489”).

31. In a later telephone call on November 6, 2011, J. Ibarra-Solis indicated to Varela that, because they had failed to find a driver in time, the source of supply sent the cocaine to someone else. See Jan. 22, 2015, Tr. at 104:9-12 (Swainston, Maestas); Session Number: 491 (Nov. 6, 2011) at 22, admitted at the January 22, 2015,, evidentiary hearing as Government Exhibit 2 (“Call 491”)(“UM471 told Varela that the man had sent them yesterday afternoon. Varela asked UM471 if he (man) was already headed this way (Varela’s) location. UM471 said that since he (man) hadn’t found anyone, he had to throw them [NFI] in there [NFI].”).

32. J. Ibarra-Solis told Varela that the only cocaine left to send is A. IbarraSolis’. See Jan. 22, 2015, Tr. at 104:12-15 (Swainston, Maestas); Call 491 at 22 (“Varela asked UM471 if the only ones left are his (UM471’s) brother. UM471 affirmed .... ”).

33. J. Ibarra-Solis told Varela that his source of supply promised to have another twenty kilograms of cocaine to transport on Tuesday, November 8, 2011. See Jan. 22, 2015, Tr. at 104:15-19 (Swainston, Maestas); Call 491 at 22 (“UM471 told Varela that he (man) had promised him that he would have a 2,0[] [NFI] there [NFI] on Tuesday. Varela said that was good, and then all of his (UM471’s) brother. UM471 affirmed and added that including the other 2,0 that his (UM471’[s] brother) has.”).

34. The next day, November 7, 2011, J. Ibarra-Solis confirmed to Varela that the source of supply was going to send twenty kilograms of cocaine to J. Ibarra-Solis, See Jan. 22, 2015, Tr. at 106:17-20 (Swainston, Maestas);- Session Number: 590 (Nov. 7, 2011) at 10, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 590”).

35. On November 8, 2011, J. IbarraSolis told Varela that he was able to secure only four kilograms of cocaine at that time. See Jan. 22, 2015, Tr. at 106:21-23 (Swainston, Maestas); Session Number: 795 (Nov. 8, 2011) at 30, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Cal 795”).

36. J. Ibarra-Solis said that, in addition to his four kilograms of cocaine, another twenty-three kilograms of cocaine was available from A. Ibarra-Solis. See Jan. 22, 2015, Tr. at 106:23-107:2 (Swain-ston, Maestas); Call 795.

37. J. Ibarra-Solis said that Gonzalez, Sr. agreed to do the shipment and would be in El Paso at 4:00 p.m. the following day, November 9, 2011. See Jan. 22, 2015, Tr. at 107:3-6 (Swainston, Maestas); Call 795.

38. Varela had previously planned a trip to Mexico during the week that the cocaine shipment was supposed to arrive. See Jan. 22, 2015, Tr. at 107:7-16 (Swainston, Maestas).

39. Varela asked J. Ibarra-Solis to leave four kilograms of cocaine for him with one of J. Ibarra-Solis’ contacts in Albuquerque and hold them until Varela returned. See Jan. 22, 2015, Tr. at 107:12-16 (Swainston, Maestas); Call 795 at 30 (“Varela then added so that they could come to an agreement and then so that Jaime could give him (Varela) those 4[NFI].”).

40. J. Ibarra-Solis and Varela then discussed cutting Gonzalez, Sr. out of the next shipment of cocaine and not telling him about it. See Jan. 22, 2015, Tr. at 110:18-24 (Swainston, Maestas); Call 795 at 31.

41. Varela told J. Ibarra-Solis to ask A. Ibarra-Solis to give Varela fifteen kilograms of cocaine from his shipment. See Jan. 22, 2015, Tr. at 111:1-3 (Swainston, Maestas); Call 795 at 31 (“Varela advised that at least those 4[NFI] are there and that he (Jaime) should tell his brother [NFI] to give Varela some 15[NFI]. at least to do something____”).

42. Varela then changed his mind and asked J. Ibarra-Solis for only two additional kilograms of cocaine, so that he could have a total of six kilograms. See Jan. 22, 2015, Tr. at 111:3-5 (Swainston, Maestas); Call 795 at 31 (“Varela then said at least another 2[NFI] so it could be 6[NFI].”).

43. In a telephone call on November 9, 2011, J. Ibarra-Solis and Varela discussed that Varela’s brother-in-law would receive the cocaine shipment from J. Ibarra-Solis’ contact in Albuquerque. See Jan. 22,2015, Tr. at 111:9-15 (Swainston, Maestas); Session Number: 912 (Nov. 9, 2011) at 6, admitted at the January 22, 2015, evidentiary hearing as Government’ Exhibit 2 (“Call 912”).

44. Later that day, Varela asked J. Ibarra-Solis for the telephone number of his contact who would hold Varela’s cocaine in Albuquerque. See Jan. 22, 2015, Tr. at 111:20-24 (Swainston, Maestas); Session Number: 917 (Nov. 9, 2011) at 7, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 917”)(“[Varela] asked if Jaime wanted to give him (Varela) the number of that guy [UNK].”).

45. Again, later'that day, J. IbarraSolis told Varela that he was calling Gonzalez, Sr., but Gonzalez, Sr. was not answering his telephone. See'Jan. 22, 2015, Tr. at 112:1-4 (Swainston, Maestas); Session Number: 959 (Nov. 9, 2011) at 13, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 959”)(“Jaime informed that he was calling this man [NFI] and he didn’t answer.”).

46. Varela told J. Ibarra-Solis that A. Gonzalez said that he and Gonzalez, Sr. were already in El Paso to pick up the cocaine shipment; Varela agreed to call .A. Gonzalez. See Jan. 22,2015, Tr. at 112:5-7 (Maestas); Call 959 at 13 (“Varela said that he had to be there [NFI] and Varela noted that he (Varela) had talked to the nephew [NFI] .and he (the nephew) had said that they were there already.... Varela said that he would call the nephew.”). '

47. In a subsequent call, J. IbarraSolis told Varela that Gonzalez, Sr. had finally answered his telephone. See Jan. 22, 2015, Tr. at 112:12-16 (Maestas);.,.Session Number: 965 (Nov. 9, 2011) at 15, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 965”)(“Varela asked if he (Ramon) had already answered. Jaime affirmed and added Jaime was calling Varela to let him know.”).

. 48. Maestas’ toll analysis of telephone calls during this period showed communications between Gonzalez, Sr.’s telephone and J. Ibarra-Solis’ telephone. See Jan. 22,2015, Tr. at 112:17-21 (Maestas, Swainston).

49. In anticipation of the drug transport, Varela told J. Ibarra-Solis that the United States Border Patrol checkpoint between El Paso and Albuquerque was active. See Jan. 22, 2015, Tr. at 112:23-25 (Maestas); Session Number: 1000 (Nov. 9, 2011) at 23, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 1000”)(“Varela told Jaime the machines [NFI] were placed there [NFI].... Varela reiterated he (Varela) had just passed there [NFI] and the machines were in place [NFI].”).

50. J. Ibarra-Solis asked if Varela had told Gonzalez, Sr. that the checkpoint was active. See Jan.'22, 2015, Tr. at 112:25-113:2 (Maestas); Call 1000 at 23 (“Jaime acknowledged and asked if Varela had told them (Ramon et al).”). -

51. Varela “affirmed and added that they (Ramon et al) were going to wait a little longer.” Call 1Ó00 at 23.

b. Telephone Conversations Between Varela and Gonzalez, Jr.

52. On November 6,' 2011, in a call between Varela and Gonzalez, Jr., Varela asked Gonzalez, Jr. if he had received any cocaine, and Gonzalez, Jr. said that, he had not; Varela confirmed that he expected his source of supply to send him cocaine that week. See Jan. 22, 2015, Tr. at 115:19-24 (Maestas); Session Number: 418 (Nov. 6, 2011) at 12, admitted at the January' 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 418”)(“Varela asked UM4[] if he had received anything yet. UM4 negated and added that they [UNK] were sending [NFI] this week. Varela affirmed.”).

53. Varela.explained that he had forty-five kilograms of cocaine available to him and confirmed to Gonzalez, Jr. that his source of supply is J. Ibarra-Solis. See Jan. 22, 2015, Tr. at 115:23-116:5 (Maestas); CaU 418 at 12 (“UM4 asked Varela if Alonso or Jaime had called. Varela said Jaime. Varela said that’ they (Jaime/Alonso) have 45 ’right now, and they want for Varela to bring them [NFI].”):

54. In another call later that day, Varela asked Gonzalez, Jr. if he was willing to transport the drugs. See Jan. 22, 2015, Tr. at 116:7-9 (Maestas); Session Number: 457 (Nov. 6, 2011) at 17,' admitted at' the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 457”)'(“Varelá told UM418 that’s why he (Varela) was calling him, to see if he (UM418) could go and get at least that [NFI].”). •

55. Varela then joked about transporting the cocaine himself, and told Gonzalez, Jr. to wait for his call in case Varela called him from jail. See Jan. 22, 2015, Tr. at 116:11-14 (Maestas); Call 457 at 17 (“Varela agreed and added those 45[NFI] were there [NFI] - and added he didn’t know what he was going to do. Varela added he might have to go alone. UM418 laughed. . Varela told UM418 to wait for the call in case he (Varela) called him (UM418) from jail.”).

56. In a November 9, 2011, call, Varela asked Gonzalez, Jr. if his source of supply for marijuana had arrived, because Varela had some buyers who were looking for 300 pounds of marijuaiia. See Jan. 22, 2015, Tr. at 119:3-8 (Maestas); Session Numberr 895 (Nov. 9, 2011) at 5, admitted at the January 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 895”)(“Varela asked if Gonzalez Jr.’s friends had arrived yet and informed that he (Varela) was being asked for 300[NFI].”).

57. Gonzalez, Jr. indicated that the marijuana would arrive on Monday. See Jan. 22, 2015, Tr. at 119:3-8 (Maestas); Call 895 at 5 (“Gonzalez Jr. replied that for Monday.”).

58. Gonzalez, Jr, asked about the cocaine, and Varela said that his suppliers had sent twenty kilograms of cocaine. See Jan. 22, 2015, Tr. at 119:10-12 (Maestas); Call 895 at. 5 (“Gonzalez Jr. asked about this dude [UNK] and asked if they [UNK] had arrived late. Varela negated and said that at the end they [UNK] did send some and 20[NFI] would arrive.”).

59. Varela then indicated to Gonzalez, Jr. that his supplier would ship twenty-three’ kilograms of cocaine, but that J. Ibarra-Solis wanted a week for distribution and payment in case Gonzalez, Jr. was interested in receiving some of the shipment. See Jan. 22, 2015, Tr. at 119:12-19 (Maestas); Call 895 at 5 (“Gonzalez Jr. asked if they [NFI] were going to be Jaime’s. Varela said that he thought those [NFI] would be Jaime’s but he wanted a week and noted that they [NFI] were going to be 23[NFI] in case Gonzalez Jr. would want them.”).

60. Gonzalez, Jr. asked for J. IbarraSolis’ telephone number, so that he could speak to J. Ibarra-Solis himself. See Jan. 22, 2015,. Tr. at 119:19-21 (Maestas); Call 895 (“Gonzalez Jr. asked for Jaime’s number so he could talk to Jaime.”).

c. Telephone Conversations Between Varela and A. Gonzalez.

61. On November 5, 2011, in a telephone conversation between Varela and A. Gonzalez, Varela told A. Gonzalez that J. Ibarra-Solis was calling him insistently. See Jan. 22, 2015, Tr. at 120:1-4 (Maestas); Session Number: 122 (Nov. 5, 2011) at 6, admitted at the Jan. 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 122”)(“Varela told UM580[] that these dudes [UNK] are calling him insistently.”).

62. A. Gonzalez thought that Gonzalez, Sr. did not want to work with the Ibarra-Solises because of a previous transaction in which Freddie Ibarra-Solis, another one of J. Ibarra-Solis’ brothers, took a long time to pay Gonzalez, Sr. for a drug shipment. See Jan. 22, 2015, Tr. at 120:5-10 (Maestas); Call 122 at 6.

63. A. Gonzalez indicated that he was ready to do the drug shipment. See Jan. 22, 2015, Tr. at 120:10-13 (Maestas); Call 122 at 6 (“UM580 added that he already put a hitch ball on the truck, and he is good to go. Varela told UM580 that this way, his (UM580’s) uncle won’t be disappointed when he sees that the- trailer is missing.”).

64. A. Gonzalez said that he had horses that he could use as a cover load; in other words, A. Gonzalez said that he could transport the horses in the trailer along with the drugs, in the hopes that law enforcement searching the trailer would not search any further upon seeing the horses. See Jan. 22, 2015, Tr. at 120:18-121:1 (Maestas); Call 122 at 6 (“Varela said that he (UM580) is going to need some horse. UM580 said that it is not a problem, and he can get some horses out there somewhere.”).

65. A. Gonzalez said that he would need to wait until Wednesday, November 9, 2011, to do the shipment, because of his horse-training responsibilities. See Jan. 22, 2015, Tr. at 121:3-7 (Maestas); Call 122 at 7 (“UM580 said for Varela to tell him [UNK], and if they [UNK] are willing to wait, he can do it Wednesday, and UM580 and Varela can get a share.”).

66. On November 9, 2011, A. Gonzalez told Varela he could not transport the cocaine himself, or by himself, and that it would be better to let Gonzalez, Sr. do the shipment. See Jan. 22, 2015, Tr.. at 121:14-20 (Maestas); Session Number: 950 (Nov. 9, 2011) at 11, admitted at the Jan. 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 950”)(“Andres ... said that regarding what they (Andres & Varela) had talked the other day, Andres wasn’t going to be able to go by himself so it would be better to give all to his uncle [UNK]....”).

67. Varela told A. Gonzalez that it was only going to be two or three kilograms of cocaine this time. See Jan. 22, 2015, Tr. at 121:20-22 (Maestas); Call 950 at 11 (“Varela commented that they were going to be only 2 or 3 anyway.”).

68. Varela said that the next shipment, which would take place presumably the following week, would not involve Gonzalez, Sr., and that the fees associated with that shipment would go to Varela and A. Gonzalez only. See Jan. 22, 2015, Tr. at 122:25-123:5 (Maestas); Call 950 at 11 (“Varela expressed that for .the next time they (Varela et al) would take them all, and told Andres not to say anything.... Varela reiterated that it would be all just for him (Andres) and Varela. Andres acknowledged.”).

d. Telephone Conversations Between Varela and Chavez.

69. On November 5, 2011, Chavez asked Varela if he had any cocaine. See Jan. 22, 2015, Tr. at 123:16-17 (Maestas); Session Number: 139 (Nov. 5, 2011) at 10, admitted at the Jan. 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 139”)(“Chavez ... asked Varela if they [UNK] brought a bunch.”).

70. Varela said he had just received a call from a source of supply in Mexico, and they were asking for help transporting cocaine. See Jan. 22, 2015, Tr. at 123:16-20 (Maestas); Call 139 at 10 (“Varela told Chavez that they [UNK] had just called him (Varela) and had asked him (Varela) to help them out to bring them [NFI] from over there.”).

71. Varela said that he was sending someone over to do the shipment that night. See Jan. 22, 2015, Tr. at 123:20-22 (Maestas); Call 139 at 10 (‘Varela is going to send his (Varela’s) guy over-there [NFI] tonight.”).

72. Chavez asked how many kilograms of cocaine, and Varela indicated that he was unsure, but that it was a lot. See Jari. 22, 2015, Tr. at 123:22-24 (Maestas);’ Call 139 at 10 (“Chavez asked Varela how many he (Varela) was going to have. Varela said he didn’t know, but was told that it’s quite a bit.”).

73. Chavez said he would help Varela with distributing or selling that cocaine. See Jan. 22, 2015, Tr. at 123:24-124:1 (Maestas); Call 139 at 10 (“Chavez told Varela that if Varela would help him, he (Chavez) will help Varela move them [NFI].”).

74. Varela indicated that the cocaine was coming from A. Ibarra-Solis, but he also thought J. Ibarra-Solis and A. Ibar-ra-Solis were putting their cocaine together for one shipment. See Jan. 22, 2015, Tr. at 125:11-17 (Maestas); Call 139 at 10 (“Chavez asked Varela if he was going to get them [NFI] from the other brother and not f[r]om the other one. Varela affirmed and said that from the .other brother, but that he (Varela) thought that they are both going to put theirs together.”).

75. Chavez said that he would rather take cocaine from Varela than an unknown source, suggesting that Chavez had more trust in the quality of Varela’s cocaine. See Jan. 22, 2015, Tr. at 125:18-21 (Maestas); Call 139 at 10 (“Chavez told Varela that he would rather get them [NFI] from Varela, because they are way better than the other ones.”). ■ .

76. In a later call on November 5, 2011, Varela told Chavez that Varela needed to sell some drugs and make money. See Jan. 22, 2015, Tr. at 125:24-25 (Maestas); Session Number:, 145 (Nov. 5,- 2011) at 11, admitted at the Jan. 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 145”)(“Varela .;. told Chavez that they (Varela et al) have to do something, because Varela.has been trying to look for some, and.had called the guy, and he (guy) had said that he didn’t .have anything ei- ■ ther.”)..

. 77.- Varela said A. Ibarra-Solis will probably give them eighteen kilograms of cocaine for $17,000.00 per kilogram if they paid for it up front rather than on consignment. See Jan. 22, 2014, Tr. at 125:24r-126:4 (Maestas); Call 145 at 12 (“Varela told Chavez that he thinks they [UNK] will hook them up over there [NFI] for like 18. Varela said that they’re 17 if they [UNK] pay them right away, b[u]t Varela told Chavez that his (Chavez’s) Mends will hook them (Varela et al) up at 18.”).

78. During this period, Varela was purchasing the cocaine for $23,000.00 per kilogram on consignment, so the conversation between Varela and Chavez indicated that Varela could purchase the cocaine at a lower price if he paid for it up front. See Jan, 22, 2015, Tr, at 126:12-14 (Maestas).

79. On November 8, 2011, Varela asked if he should delete Chavez’ old number, and Chavez said yes. See Jan. 22, 2015, Tr. at 127:3-6 (Maestas); Session Number: 666 (Nov. 8, 2011) at 11, admitted at the Jan, 22, 2015, evidentiary hearing as Government Exhibit, 2 (“Call 666”)(“Varela asked Steve if he (Steve) wanted Varela to delete the. other one (phone number). Steve affirmed____”).

80. 'Chavez added that no one had his new telephone number but the driver and his buyer in Florida. See Jan. 22, 2015, Tr. at 127:6-8 (Maestas); Call 666 at 11 (“Steve added no one had this one (phone number) but the guy there (possibly Miami), the driver and now. Varela.”).

81. ' Chavez said his buyer has cash and never asks Chavez to give him drugs on consignment. See Jan; 22, 2015, Tr. at 127:9-10 (Maestas); Call 666 at 11 (“Steve added those fuckers had cash and didn’t ask for anything to be fronted.”).

82. Chavez said that the price of a kilogram of cocaine in Florida is $32,000.00 to $35,000.00 per kilogram, and that his buyer was willing to pay $35,000.00 per kilogram. See Jan. 22,2015, Tr. at 127:10-14 (Maestas); Call 666 at 11 (“Steve asked Varela if he knew how much they got for those fuckers there. Varela replied about 34[NFI]. Steve informed Varela they got between 32 and 35[NFI], Steve added he could get 35 for them today.”),

83. Chavez said that his buyer could sell all of the twenty kilograms of cocaine. See Jan. 22, 2015, Tr. at 128:2-5 (Maestas); Call 666 at 11 (“Steve told Varela he could sell, move them.”).

84. In a later call on November 8, 2011, Chavez asked Varela if he would be able to provide at least twenty kilograms of cocaine; Varela affirmed. See Jan. 22, 2015, Tr, at 128:7-129:10 (Maestas);* Session Number: 688 (Nov. 8, 2011) at 13, admitted at the Jan. 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 688”)(“Steve asked if it would be no less than 20[NFI]„ Varela affirmed.”).

85. Chavez’ buyer in Florida got on the telephone and told Varela that he could move fifteen. to twenty kilograms per week. See Jan. 22, 2015, Tr. at 129:24-25 (Maestas); Call 688 (“UM proceeded to tell Steve they (UM et al) moved a total of 20[NFI]____ UM told Varela that he (Steve) could tell Varela he (UM) was mow ing between 15 to 20[NFI] weekly.”).

86) The buyer said that he could pay for six or seven kilograms right now, and then asked to wait six or seven days — or seven to eight days, to be safe — to sell the remainder of the cocaine and to collect the proceeds. See Jan. 22, 2015, Tr. at 129:24-130:6 (Maestas, Swainston); Call 688 at 13.

87. In a later call on November 8, 2011, Chavez told Varela that the deal is done in Florida and that there was no turning back; in other words, Chavez said that he was ready to conduct the transaction for the twenty kilograms of cocaine. See Jan. 22, 2015, Tr. at 130:18-20 (Maestas); Session Number: 723 (Nov. 8, 2011) at 19, admitted at the Jan. 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 723”)(“Steve told Varela -that it was all lined up for sure. Steve asked Varelá if it was for sure, Steve added there was no turning back for him (Steve).”).

88. Varela said that he would be leaving town and indicated that he did not want to leave the cocaine at his house while he was on vacation. See Jan. 22, 2015, Tr. at 131:3-5 (Maestas); Call 723 at 19 (‘Varela added he (Varela) couldn’t have all that (the 20) standing there (possibly his location) till he came back.”).

89. The next day, November 9, 2011, Varela told Chavez that a person nicknamed “Cheekies” — who. Maestas later identified as Rigoberto Eduardo' Serano— would give him Varela’s cocaine. Jan. 22, 2015, Tr. at 131:12-17 (Maestas);. id. at 143:10-12 (Maestas).- See Session Number: 971 (Nov. 9, 2011) at 17, admitted at the Jan. 22, 2015, evidentiary-hearing as Government Exhibit 2 (“Call 971”)(“Varela told Steve Chiquis would hook Varela up.”).

90. Chavez asked if it was the same quality of cocaine that Varela always gets, and Varela said yes. See Jan. 22, 2015, Tr. at 131:18-132:14 (Maestas); Call 971 (“Steve ... asked if they were the same ones or the PVC fuckers. ■ Varela replied they were the same ones. Steve asked if the ones Varela always got. Varela affirmed.”).

91. Chavez is a firefighter for the Albuquerque Fire Department and a construction worker; he is not involved with horse racing or horse training. See Jan. 22, 2015, Tr. at 124:18-125:6 (Maestas, Swainston).

92. Varela was not a construction worker or a firefighter. See Ján. 22, 2015, Tr. at 125:7-9 (Maestas, Swainston).

e. Telephone Conversations Between Varela and Gonzalez, Sr.

93. On November 6,2011, Gonzalez, Sr. called Varela, and Varela said that J. Ibarra-Solis had forty-five kilograms of cocaine ready to be transported,- See Jan. 22, 2015, Tr. at 133:20-22 (Maestas); Session Number; 329 (Nov. 6, 2011).at 11, admitted at the Jan. 22, 2015, evidentiary hearing as. Government Exhibit 2 (“Call 329”)(‘Varela informed Ramon that they (Jaime et al) had 45 there. [NFI].”), j

94. Gonzalez, Sr. said that J. IbarraSolis had no one to transport the cocaine at that time. See Jan. 22, 2015, Tr. at 133:24-25 (Maestas); Call .329.at 11 (“Ramon advised they (Jaime et al) didn’t have anyone to train their horses [NFI] right now,”).

95. Varela replied that the vehicle that was being used for cocaine shipments could only hold sixteen kilograms.of cocaine and that they wanted to transport all forty-five kilograms of cocaine at once. See Tr. at 133:24-134:6 (Maestas); Call 329 at 11 (“Varela replied they do have, but only 16[NFI] fit and they (Jaime et al) wanted it all at once.”).

96. Varela said that law enforcement would catch them if they had to cross the Border Patrol checkpoint back and forth multiple times. See Jan. 22, 2015, Tr. at 134:18-21 (Maestas).

97. In a subsequent telephone conversation on November 6, 2011, Varela asked if Gonzalez, Sr. was ready to transport the cocaine, and Gonzalez, Sr. said that he was. See Jan. 22, 2015, Tr. at 135:16-18 (Maestas); Session Number: 452 (Nov. 6, 2011) at 15, admitted at the Jan. 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 452”)(“Varela asked if Ramon was ready. Ramon acknowledged — ”).

98. Both discussed generally the need to transport the forty-five kilograms of cocaine, and Gonzalez, Sr. said that he would bring all of the cocaine at once. See Jan. 22, 2015, Tr. at 135:15-22 (Maestas); Call 452 at 15 (“Varela told Ramon to call since he (Varela) had asked him [UNK] to help him (Varela) out with at least half [NFI].... Ramon said that he (Ramon) would bring all of them [NFI] at once.”).

99. In a later call on November 6,2011, Gonzalez, Sr. told Varela that J. IbarraSolis would call right now and that J. Ibarra-Solis would probably want to arrange the shipment of cocaine the following day. See Jan. 22, 2015, Tr. at 136:1^4 (Maestas); Session Number: 484 (Nov. 6, 2011) at 20, admitted at the Jan. 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 484”)(“Ramon told Varela he [UNK] would call right now, but that Ramon that that he [UNK] would probably want to do it tomorrow [NFI].”).

100. In a November 7, 2011, telephone call, Varela asked Gonzalez, Sr. if he had talked to J. Ibarra-Solis, and then asked if Gonzalez, Sr. had left for El Paso yet. See Jan. 22, 2015, Tr. at 136:6-9 (Maestas); Session Number: 544 (Nov. 7, 2011) at 12, admitted at the Jan. 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 544”)(“Varela asked Ramon if he had talked to ... and then asked if he [UNK] had left over there [NFI] after all.”).

101. Gonzalez, Sr. told Varela that J. Ibarra-Solis had said that all the cocaine was ready at the stash location and that it was for Varela; Varela affirmed. See Jan. 22, 2015, Tr. at 136:16-21 (Maestas); Call 544 at 12 (“Ramon informed Varela he [NFI] had said that all the muebles/furniture [NFI] of those apartments [NFI] were for Varela. Varela affirmed.... ”).

102. The next day, November 8, 2011, Gonzalez, Sr. told Varela that J. IbarraSolis said that the cocaine shipment would not be ready until the following day. See Tr. at 137:19-22 (Maestas); Session Number: 595 (Nov. 8, 2011) at 1, admitted at the Jan. 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 595”)(“Ra-mon said that he (Jaime) had called and said that they (Jaime et al) were not ready until Wednesday.”).

103. Gonzalez, Sr. said that he thought that J. Ibarra-Solis might be using another guy to do the cocaine shipment. See Tr. at 137:12-24 (Maestas); Call 595 at 1 (“Ramon said that he thought that he (Jaime) might be using another guy.”).

104. Varela said no and added that he was still waiting. See Jan. 22, 2015, Tr. at 137:24-138:2 (Maestas); Call 595 at- 1 (“Varela negated and added that he (Varela) is waiting”).

105. Varela told Gonzalez, Sr. that other drug smugglers all charge the same fee to transport drugs. See Jan. 22, 2015,- Tr. at 138:2-9 (Maestas); Call 595 at 1 (“Varela told Ramon that they (guys) all charge the same thing.”).

106. Gonzalez, Sr. told-Varela that, on Sunday, J. Ibarra-Solis had told him that J. Ibarra-Solis wanted Gonzalez, Sr. to come Monday and that he thought it was going to be thirty-six kilograms of cocaine, but that J. Ibarra-Solis just told him that there would only be .twenty kilograms. See Jan. 22, 2015, Tr. at 138:2-9 (Maestas); Call 595 at 1 (“Ramon proceeded to tell Varela that on Sunday, he (Jaime) had told him that he (Jaime) wanted for Ramon to come Monday. That Ramon thought it was 36, but that he (Jaime) just told them that there are only 20.”).

107. Varela said that it would be good to transport only twenty kilograms of cocaine. See Jan. 22, 2015, Tr. at 139:16-20 (Maestas); Call 595 at 1 (“Varela told Rqmon that he’s going to call the dude (Jaime), and if he (Jaime) has that, well it would be good to just bring, that (20). Varela proceeded to say that twenty (20) is good.”).

108. Gonzalez, Sr. said that he would not be able to do it on.Thursday night, because he wanted to leave El Paso early in the morning on Friday. See Jan. 22, 2015, Tr. at 139:21-23 (Maestas); Call 595 at 2 (“Ramon said that he won’t be able to do it on Thursday night, because he (Ramon) wants to leave early morning Friday.”).

109. Varela said he could also not do the shipment, because he was supposed to leave for his vacation in Mexico on Wednesday; Varela added that, if the shipment does not arrive in Albuquerque by Wednesday, he would not be able to receive it. See Jan. 22, 2015, Tr. at 139:23-140:5 (Maestas); Call 595 at 2 (“Varela said that he can’t do it either, because as Ramon should recall, Varela was supposed to go to Cancún and it was cancelled because of the hurricane. So now, Varela is going to leave on Wednesday, and if it doesn’t arrive by Wednesday, Varela won’t be able to receive it.”).

110. Varela said that he would call J. Ibarra-Solis to ensure that the shipment made it to Albuquerque in time. See Jan. 22, 2015, Tr.' at 140:5-7 (Maestas); Call 595 at 2 (“Varela told Ramon that he was going to call him (Jaime), because it’s a must that it gets here to him (Varela).”).

111. Later on November 8, 2011, Varela and Gonzalez, Sr. discussed their frustration that they did not know when the cocaine shipment would be ready. See Jan. 22, 2015, Tr. at 141:6-9 (Maestas); Session Number: 760 (Nov. 8 2011) at 27, admitted at the Jan. 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 760”)(“Varela asked if that dude (Jaime) had called him. Ramon negated and told Varela it was just bullshit. Varela agreed and added he was calling him and he (Jaime) didn’t answer. Ramon added it was all a lie.”).

112. Varela and Gonzalez, Sr. expressed concern that J. Ibarra-Solis or A. Ibarrar-Solis had arranged for someone else to do the cocaine transport. • See Jan. 22, 2015, Tr. at 141:9-11 (Maestas); Call 760 (“Ramon told Varela they probably found someone else.”).

113. Both discusséd further’how they looked forward to a good relationship with the Ibarra-Solises, and Gonzalez, Sr. informed Varela that he expected an $8,000.00 transportation fee; Varela agreed. See Jan. 22, 2015, Tr. at 141:11— 15 (Maestas); Call 760 at 27 (“Varela told Ramon once they started.they would get with it. • Ramon affirmed and informed Varela it was going to happen with this fucking man [UNK]. Ramon added he was going to give him about 8[NFI]. Varela affirmed.”).

114. Both Varela and Gonzalez, Sr. were so frustrated that they had not yet solidified the upcoming cocaine transport that they said they should agree to do future cocaine transports for the Ibarra-Solises, and then not show up or answer their calls. See Jan. 22, 2015, Tr. at 141:17-22 (Maestas); Call 760 at 27 (“Ramon added that next time they needed someone they were fucked. Varela affirmed, Ramon told Varela they would pay them back. Varela told Ramon they would say yes and not answer their calls.”).

1Í5. In a later call on November 8, 2011, it became clear that the cocaine shipment was back on track and that it would be ready for pick up in El Paso the following day. See Jan. 22, 2015, Tr, at 142:12-19 (Maestas); Session Number: 797 (Nov. 8, 2011) at 33, admitted at the Jan. 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 797”)(“Varela asked if the dude (Jaime) had called him. Ramon affirmed and advised had just called him 5 minutes ago. Varela told Ramon he had called and told him (Varela) this man was on his way over tomorrow.”).

116. Gonzalez, Sr. stated that J. Ibarra-Solis had told him the drugs would be ready by 3:00 or 4:00 p.m. See Jan. 22, 2015, Tr. at 142:20-22 (Maestas); Call 797 at 33 (“Ramon acknowledged and added Jaime had told him it would be ready by three or four.”).

117. Gonzalez, Sr. explained how he had told J. Ibarra-Solis that he would pick up the cocaine at about 4:30 p.m. or 5:00 p.m. See Jan. 22, 2015, Tr. at 142:23-25 (Maestas); Call 797 at 33 (“Ramon told Jaime he would -pick it up about 4:30 or 5:00.”).

118. Varela asked Gonzalez, Sr. if it would be twenty-three kilograms of cocaine; Gonzalez, Sr. affirmed. See Jan. 22, 2015, Tr. at 142:23-143:21 (Maestas); Call 797 at 33 (“Varela acknowledged and told Ramon if he (Jaime) had told him (Ramon) it was 2,3. Ramon affirmed”).

119. Varela said “that was something” and “told Ramon he (Ramon) could go to Califas/California very comfortably and laughed.” Call 797 at 33.

Í20. On the next day, November 9, 2011, Varela and Gonzalez, Sr. discussed the final arrangements for the cocaine shipment, including where Varela wanted the cocaine to be delivered; Varela said he wanted it taken to Serano, who would then give the cocaine to Chavez. See Jan. 22, 2015, Tr. at 143:3-12 (Maestas); Session Number: 966 (Nov. 9, 2011) at 16, admitted at the Jan, 22, 2015, evidentiary hearing as Government Exhibit' 2 (“Call 966”).

121. In a later call on November 9, 2011, Varela asked Gonzalez, Sr. if he was on his way to Albuquerque with the cocaine shipment; Gonzalez, Sr. said that he was not on his way yet. See Jan. 22, 2015, Tr. at 148:21-25 (Maestas); Session Number: 994 (Nov. 9, 2011),at;22,. admitted at, the Jan. 22, 2015, evidentiary hearing as Government Exhibit 2 (“Call 994”)(“Varela asked Ramon if he was on his way. Ramon negated and added he was just going to see this dudes offices of the apartments.”).

122. Varela then informed Gonzalez, Sr. that the Border Patrol checkpoint was operational. See Jan. 22, 2015, Tr. at 144:1-3 (Maestas); Call 994 at 22 (‘‘Varela informed Ramon the machine [NFI] was in place.”).

123. Gonzalez, Sr. agreed and added that it was “red alert” there. Jan. 25, 2015, Tr. at 144:3-4 (Maestas); Call 994 at 22 (“Ramon affirmed and added it was red alert there [NFI].”).

124. Gonzalez, Sr. told Varela that he was aware of the checkpoint and would leave from El Paso with the cocaine at 4:00 a.m. the next morning, when the checkpoint would likely not be operational. See Jan. 22, 2015, Tr. at 145:12-17 (Maestas); Call 994 at 22 (“Ramon told Varela he saw it since he got there [NFI]. Ramon added he would take off at four in the morning. Varela replied that was better. ■ Ramon added why take a risk.”).

125. Gonzalez, Sr. is a.'horse trainer of fairly national recognition. See Jan. 22, 2015, Tr. at 42:10-19 (Maestas, Walz),

126. Varela and Gonzalez, - Sr. were part owners of at least one horse. See Jan. 22, 2015, Tr. at 43:6-17 (Maestas, Walz).

127. Video surveillance of Gonzalez, Sr.’s multiple homes did not reveal any criminal activity, and that physical surveillance of Gonzalez,- Sr. and A. Gonzalez at a racetrack in Sunland, New Mexico, also did not reveal any criminal activity. See Jan. 22, 2015, Tr. at 42:1051:16 (Maestas, Walz).

3. The DEA’s Surveillance Operation.

128. In addition to the telephone conversations referenced above, Maestas arranged for DEA agents to assist with the investigation by conducting surveillance of Gonzalez, Sr., A. Gonzalez, and others in the El. Paso area on November 9, 2011, and November 10, 2011. See Transcript of Hearing (taken January 28, 2015) at 155:8-15 (Gooch), filed March 30, 2015 (Doc. 754)(“Jan. 28, 2015, Tr.”); id. at 156:13-18 (Gooch); id. at 158:16-25 (Gooch).

129. Douglas Gooch, a DEA Special Agent from the Albuquerque DEA office, was in charge of the surveillance operation in El Paso and supervised five DEA agents from the Albuquerque office and six to eight agents from the El Paso office. See Jan. 28, 2015, Tr. at 156:19-157:18 (Swainston, Gooch).

130." The purpose of the surveillance operation was to seize the cocaine shipment that Gonzalez, Sr. planned to transport from El Paso to Albuquerque. See Jan. 28, 2015, Tr. at 157:19-158:6 (Swainston, Gooch).

131. The surveillance operation began on November 9, 2011 when Maestas called Gooch and told him- that, based on intercepted telephone communications, Maestas believed that Gonzalez, Sr. was going to pick up a drug load in El Paso. See Jan. 28,. 2015, Tr. at 158:16-20 (Swainston, Gooch).

132. Gooch -and 'the surveillance team first encountered Gonzalez, Sr. ■ and A. Gonzalez on November 9, 2011, heading south on Interstate 25 towards El Paso at a truck stop just over the border into Texas; Gonzalez, Sr. was driving a white Dodge pickup truck with an attached horse trailer and A. Gonzalez was driving a maroon Dodge pickup without a trailer attached to it. See Jan. 28, 2015, Tr. at 158:16-159:8 (Gooch).

133. Agents continued to maintain surveillance of Gonzalez, Sr. and A. Gonzalez in the El Pasó area. See Jan. 28, 2015, Tr. at 158:16-167:5 (Swainston, Gooch).

134. At approximately 8:30 p.m., the agents observed a meeting between Gonzalez, Sr., A. Gonzalez, and two female subjects in a mall parking lot. See Jan. 28, 2015, Tr. at 159:1160:4 (Swainston, Gooch).

135. After the meeting at the parking lot, Gonzalez, Sr. and A. Gonzalez returned to their hotel. See Jan. ,28, 2015, Tr. at 160:5-10 (Gooch).

136. At approximately 9:00 . p.m., agents observed A. Gonzalez leave the hotel in the maroon pickup, but the agents were unable to maintain surveillance of it. See Jan. 28, 2015, Tr. at 161:15-20 (Gooch).

137. A few minutes later, agents observed Gonzalez, Sr. drive his truck and trailer from the hotel to a storage facility and drive into the storage facility. See Jan. 28, 2015, Tr. at 161:21-162:12 (Gooch).

138. A. Gonzalez’ and Gonzalez, Sr.’s hotel was located about a half mile from the storage facility. See Jan. 28, 2015, Tr. at 166:10-14 (Swainston, Gooch).

139. At approximately 9:15 p.m., a blue minivan arrived at the storage facility, pulled up to the front gate and stopped; A. Gonzalez’ truck then drove to the front gate to activate the gate, so that the blue minivan could enter the facility. See Jan. 28, 2015, Tr. at 162:13-21 (Gooch).

140. The blue minivan and A. Gonzalez’ truck drove back to a storage unit together. See Jan.-28,' 2015, Tr. at 162:18-21 (Gooch).

141. At approximately 10:00 p.m., Gonzalez, Sr.’s truck, A. Gonzalez’ truck, and the minivan left the storage facility “in tandem.” Jan. 28, 2015, Tr. at 162:22-25 (Gooch).

142. The surveillance team never observed A. Gonzalez or Gonzalez, Sr. take any boxes from the storage unit and put them in the trailer. See Jan. 28, 2015, Tr. at 171:18-20 (Walz, Gooch).

143. The surveillance team did not see any action by either Gonzalez, Sr. or A. Gonzalez at the storage site indicating that they were transferring any items from the storage facility to the trailer attached to Gonzalez, Sr.’s pickup. See Jan. 28, 2015, Tr. at 171:20-25 (Walz, Gooch).

144. Throughout the surveillance operation, Gooch and Maestas were in constant communication, and Maestas was giving Gooch instructions based on the telephone conversations that he was intercepting. See Jan. 28, 2015, Tr. at 167:8-16 (Swainston, Gooch).

145. Maestas told Gooch that, based on intercepted telephone conversations, he expected Gonzalez, Sr. and A. Gonzalez to leave El Paso at approximately 4:00 a.m. on November 10, '2011, so Gooch and the surveillance team maintained constant surveillance on Gonzalez, Sr, and A. Gonzalez at the hotel after they went to sleep. See Jan. 28, 2015, Tr. at 167:1-7 (Swainston, Gooch).

146. At almost 4:00 a.m., Gonzalez, Sr. got into the white Dodge pickup with the trailer, A. Gonzalez got into the maroon Dodge pickup, and both began driving towards Albuquerque. See Jan. 28, 2015, Tr. at 169:9-14 (Gooch).

147. A. Gonzalez’ and Gonzalez, Sr.’s trucks eventually separated, and the surveillance team split up, so that they could follow both vehicles. See Jan. 28, 2015, Tr. at 169:18-23 (Gooch).

148. Although Gooch and other agents followed A. Gonzalez, they eventually let him go without stopping his vehicle. See Jan. 28, 2015, Tr. at 169:24-170:12 (Swainston, Gooch).

149. At the surveillance team’s direction, Border Patrol officers later stopped the two female subjects, conducted a search of their vehicle, but did not find any contraband; the officers found hidden compartments in the vehicle, however. See Jan. 28, 2015, Tr. at 175:17-23 (Walz, Gooch).

150. The DEA surveillance team did not participate in the stop or search of Gonzalez, Sr.’s vehicle, because they wanted to protect the DEA’s wiretap investigation. See Jan. 28, 2015, Tr. at 170:13-23 (Swainston, Gooch); id. at 196:23-197:4 (Swainston, Lopez).

4. The Stop of Gonzalez, Sr.’s Truck and the Search of His Trailer.

151. DEA Special Agent Emrich, who worked in the Albuquerque, New Mexico DEA office, asked Angel Lopez, who is a detective with the El Paso Sheriffs Office assigned to the DEA as a Task Force Officer, to obtain the assistance of deputies with the El Paso Sheriffs Office in conducting a “walled-off’ traffic stop of Gonzalez, Sr.’s vehicle. Jan. 28, 2015, Tr. at 185:1-9 (Swainston, Lopez). See id. at 206:22-207:14 (Walz, Lopez).

152. A walled-off stop is when officers who are not involved in the wiretap investigation obtain their own probable cause— typically based on a motor vehicle code violation — to conduct a traffic stop on the target vehicle. See Jan. 28, 2015, Tr. at 185:14-24 (Swainston, Lopez).

153. The El Paso Sheriffs Office assigned Almonte and Marquez to conduct the walled-off stop of Gonzalez, Sr.’s vehicle. See Jan. 28, 2015, Tr. at 187:15-24 (Swainston, Lopez).

154. Lopez explained to Marquez that he and Almonte were assisting the Albuquerque DEA office in a wiretap investigation and that the DEA needed the deputies to conduct a traffic stop on a vehicle that was possibly loaded with an unknown amount of cocaine. See Jan. 28, 2015, Tr. at 189:5-15 (Swainston, Lopez).

155. Lopez told Marquez that he and Almonte should find their own probable cause to stop Gonzalez, Sr.’s truck, but did not tell them for what violations to look. See Jan. 28, 2015, Tr. at 200:8-13 (Walz, Lopez).

156. Lopez also informed Marquez that the truck would likely be loaded with drugs, but he did not say anything about obtaining Gonzalez, Sr.’s consent to search the truck. See Jan. 28, 2015, Tr. at 200:14-23 (Walz, Lopez).

157. Lopez also gave Marquez a DEA radio, so he could be in contact with the DEA surveillance team. See Jan. 28,2015, Tr. at 188:19-189:4 (Swainston, Lopez).

158. At approximately 3:30 a.m., on November 10, 2011, Lopez met Marquez at Gonzalez, Sr.’s and A. Gonzalez’ hotel, so that Lopez could point out Gonzalez, Sr.’s vehicle to Marquez. See Jan. 28, 2015, Tr. at 192:14-193:4 (Swainston, Lopez).

159. Marquez and Almonte agreed to park in different locations, so that one of them could intercept Gonzalez, Sr., regardless which direction he traveled from the hotel. See Jan. 28, 2015, Tr. at 193:7-20 (Swainston, Lopez).

160. Lopez stayed at A. Gonzalez’ and Gonzalez, Sr.’s hotel, so that he could communicate Gonzalez, Sr.’s location to Marquez and Almonte. See Jan. 28, 2015, Tr. at 193:22-194:6 (Swainston, Lopez).

161. From that point forward, Lopez used the DEA radio to communicate with Marquez, and Marquez communicated with Almonte through the Sheriffs Office radio. See Jan. 28, 2015, Tr, at 194:11-14 (Swainston, Lopez). •

162. Marquez gave Almonte a description of Gonzalez, Sr.’s truck and trailer, and toid him that a DEA investigation indicated that Gonzalez, Sr.’s truck likely contained illegal drugs. See Jan. 28, 2015, Tr. at 250:16-20 (Swainston, Almonte); 'id. at 251:22-252:6 (Swainston, Almonte); id. at 253:7-10 (Walz, Almonte); id. at 265:1-10 (Walz, Almonte). '

163. When Gonzalez, Sr.’s truck left the hotel, Lopez followed it and relayed its location to Marquez, who then relayed its location to Almonte, who conducted the stop. See Jan. 28, 2015, Tr. at 194:7-196:22 (Swainston, Lopez);' id. at 202:18-22 (Walz, Lopez); id. at 226:1-16 (Swainston, Almonte).

164. While he was driving down the road, Almonte was on the left side of Gonzalez, Sr.’s truck, where he observed that there was a paper tag on the truck’s left rear window, and he .could not make out the paper tag; it also appeared to Almonte that the paper was lifted, obscuring the tag. See Jan. 28, 2015, Tr. at 226:22-227:2 (Swainston, Almonte).

165. Almonte also noticed, while he was driving down the road, that there was no license plate on the truck’s rear bumper.. See Jan. 28, 2015, Tr. at 227:2-3 (Swainston, Almonte);

166. Almonte thus decided to stop Gonzalez, Sr.’s truck for imprope