Full opinion text
RIPPLE, Circuit Judge. Five individuals appeal their convictions for violations of various provisions of the federal narcotics laws. We reverse Gustavo Holguin’s continuing criminal enterprise conviction on the ground of insufficient evidence. We vacate Humberto Castrel-lon’s sentence. Both Mr. Holguin and Mr. Castrellon must be resentenced by the district court. In all other respects, we affirm the judgment of the district court. I BACKGROUND A. Procedural Posture On May 5, 1986, a federal grand jury returned a fourth superseding 120-count indictment against eleven defendants, including the five appellants. Basically, the indictment alleged six different types of crimes, all related to the distribution and sale of narcotics. First, it alleged a narcotics distribution conspiracy in violation of 21 U.S.C. § 846. Specifically, it charged the defendants with conspiring (1) to possess with intent to distribute heroin, cocaine, and marijuana; and (2) to use interstate telephone to facilitate the distribution. Second, the indictment charged a violation of one section of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962(c). This count alleged that the defendants (1) formed an “enterprise” for the purpose of illegally trafficking in narcotics, and (2) conducted the affairs of the enterprise through a “pattern of racketeering activity.” The pattern of racketeering activity consisted of multiple “offenses” and “acts” concerning the receipt, concealment, purchase, sale and otherwise involvement in narcotics. Third, the indictment alleged that some of the defendants violated 21 U.S.C. § 848, the continuing criminal enterprise (CCE) or “kingpin” statute. Fourth, the indictment charged several of the defendants with distribution of narcotics, and/or possession with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Fifth, several of the defendants were charged with using the telephone both to facilitate the conspiracy to distribute narcotics and to facilitate the actual distribution of narcotics in violation of 21 U.S.C. § 843(b). Sixth, and finally, two of the defendants, Mr. Holguin and Mr. Cas-trellon also were charged with traveling in interstate commerce to facilitate the unlawful activity of narcotics distribution in violation of 18 U.S.C. § 1952(a). Of the eleven defendants originally charged in the indictment, eight were tried together. Five of the eight now appeal. The trial commenced on May 15, 1986 and concluded on July 23, 1986. The jury returned a verdict of guilty on all counts for all of the appellants except for Oneyda Zambrana who was found not guilty of count 19 (alleging the use of a telephone to facilitate a narcotics crime). All of the appellants filed a timely notice of appeal. B. Facts This case is the culmination of an extensive undercover and surveillance operation conducted by federal agents in Chicago, Illinois from approximately April 2, 1985 through July 23, 1985. The investigation uncovered evidence that the defendants were engaged in a conspiracy to deal principally in cocaine and, to a lesser extent, heroin and marijuana. During 'the investigation, agents of the Drug Enforcement Administration (DEA) purchased narcotics from some of the defendants. Agents of the Federal Bureau of Investigation (FBI) and the DEA also engaged in electronic surveillance of telephones at Rudy’s Service Station and an apartment on South Whipple Street in Chicago. In addition, the agents conducted physical surveillance of these same two locations. ■ The central figure in the operation was DEA Agent Raleigh Lopez, who posed as a narcotics dealer named Jimmy. On fourteen occasions he obtained cocaine and/or heroin from defendants Juventino Herrera-Rivera (Juven-tino) (not an appellant) and/or Gabriel Alvarez (an appellant), totaling almost ten pounds. C. Trial Presentation of the Evidence At trial, the government presented the evidence that was obtained from the undercover investigation in chronological order, proceeding transaction by transaction. Agent Lopez initially testified about each such transaction. Subsequently, a surveillance agent, or agents, who had observed either the transaction or the events surrounding it, also would testify. The agents so corroborating Agent Lopez’ testimony varied from transaction to transaction. Occasionally, some of these other undercover agents accompanied Agent Lopez to purchase narcotics. Several of the transactions also were videotaped and/or photographed. The government introduced these videotapes and photographs into evidence. Finally, the surveillance agents recorded a good deal of telephone conversations. These conversations, principally in Spanish, were recorded onto reel-to-reel tapes. Some of these tapes then were reproduced onto cassettes. The cassettes, in turn, were translated into English transcripts. These English transcripts, along with the reel-to-reel and cassette tapes, were introduced into evidence and the transcripts were read to the jury. According to the government, the recorded conversations were in a code typically used by drug dealers to disguise the illegality of their business. II DISCUSSION Voice Identification Evidence A. Foundation for Admission 1. Contentions of the Parties Appellant Gustavo Holguin, joined by Leovigilda Rivera (who adopts the arguments presented by Mr. Holguin), contends that the government failed to lay a proper foundation to identify the appellants as those whose voices were recorded. He specifically contends that the manner of the recording — telephone to reel-to-reel tape to cassette — was insufficiently accurate to identify the speakers. He then submits, essentially, that the government’s voice identification witnesses failed to authenticate the recorded conversations as being between the defendants. For instance, he contends that the witnesses (1) did not testify as to “what specific tapes ... they listened to when they identified the voices in question,” Holguin’s Br. at 79; (2) did not testify as to “when, where, how or who else was present when they heard what ever [sic] tapes they heard,” id.; and (3) did not listen to tapes in open court for identification before the jury. In contrast, concerning the accuracy of the recordings, the government contends that there was ample evidence to establish that every piece of equipment involved in the production of the tapes worked properly in producing an accurate recording of the appellants’ voices. As to the authenticity of the recordings, the government contends that the issue was never raised before the district court and, therefore, that the argument is waived on appeal. On the merits, the government argues that its witnesses had sufficient familiarity with Mr. Holguin’s and Ms. Rivera’s voices to identify them as speakers on the tapes. 2. Analysis Upon reviewing the record, we believe that Mr. Holguin preserved, albeit marginally, all these issues. Accordingly, we address their merits. We previously have held that “[t]ape recordings are only admissible if the Government can establish, by clear and convincing evidence, that the recordings are ‘true, accurate, and authentic recordingfs] of the conversations], at given time[s], between the parties involved.’ ” United States v. Keck, 773 F.2d 759, 766 (7th Cir.1985) (quoting United States v. Faurote, 749 F.2d 40, 43 (7th Cir.1984)). The district court must determine whether “the recordings involved conversations that occurred between defendants in this suit.” Id. Here, the district court determined that the government had met its burden and admitted the voice recordings and transcripts into evidence. It is well established that a district court’s general evidentiary rulings will be reversed only upon a showing of clear abuse of discretion. United States v. Garner, 837 F.2d 1404, 1416 (7th Cir.1987), cert. denied, — U.S. -, 108 S.Ct. 2022, 100 L.Ed.2d 608 (1988); Davis v. Lane, 814 F.2d 397, 399 (7th Cir.1987); accord Nachtsheim v. Beech Aircraft Corp., 847 F.2d 1261, 1266 (7th Cir.1988). This standard also governs our review of a district court’s decision to admit voice recordings. Faurote, 749 F.2d at 43; see United States v. Hughes, 658 F.2d 317, 322 (5th Cir.1981), cert. denied, 455 U.S. 922, 102 S.Ct. 1280, 71 L.Ed.2d 463 (1982); United States v. Blakey, 607 F.2d 779, 787 (7th Cir.1979). a. true and accurate recordings The government presented clear and convincing evidence to show that the conversations were recorded truly and accurately. First, it demonstrated that the lines used in the wiretapping of Rudy’s Service Station and the South Whipple Street apartment were “voice quality” lines. Ronald Kwasny, a security manager for Illinois Bell Telephone Company (Illinois Bell), testified that a voice quality line is of the same quality as a residence or business telephone line. Mr. Kwasny testified that Illinois Bell makes it a routine practice to test such a line to ensure that it meets its “design or engineering standard” before giving it to the DEA or FBI. Tr. vol. 9 at 1644. Second, the government demonstrated that it is the routine practice of both agencies to test the equipment involved in a wiretap prior to its use. Third, agents listened to the conversations while they were being recorded; they reported no malfunctions in the equipment. Fourth, agents who listened to each stage of the recording process testified that the cassettes — from which the transcripts were made — accurately reproduced the voices on the original reel-to-reel recordings of the telephone conversations. And fifth, witnesses who knew either Mr. Holguin or Ms. Rivera testified that the taped voices were an accurate representation of the appellants’ own voices. In contrast, the only evidence introduced by the appellants that contradicts these submissions was the testimony of a former Illinois Bell employee, Stanley Salter. Mr. Salter testified that a human voice has much greater range than the capability of telephone equipment to capture and reproduce the voice. However, he also testified on cross-examination that telephone equipment essentially can transmit the “fundamental frequency” of a human voice. In addition, he opined that, although some conversations contained distortion due to poor recording techniques, he “heard no noise that would be caused by, [malfunction of] ‘Telephon[ic equipment.]’ ” Tr. vol. 29 at 5404. b. authenticity Concerning the authenticity of the speakers' voices on the tapes, both Mr. Castrel-lon and Mr. Alvarez stipulated that “Government Exhibits Rudy’s 1 through 110 correctly identified the speakers in those conversations, including the defendants where the names appear as a speak-er____” Tr. vol. 9 at 1602. A similar stipulation applies concerning the Whipple tapes. In addition, both Mr. Holguin and Ms. Rivera stipulated to the correctness of all voices but their own. Moreover, we find abundant evidence in the record to refute squarely the contentions raised by Mr. Holguin. Rule 901 of the Federal Rules of Evidence provides guidelines for authenticating voices as a precondition for admissibility of evidence. The rule provides in relevant part: (b) Illustrations. By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this rule: (5) Voice identification. Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker. Fed.R.Evid. 901(b)(5). As the advisory committee notes further clarify, “[s]ince aural voice identification is not a subject of expert testimony, the requisite familiarity may be acquired either before or after the particular speaking which is the subject of the identification____” Fed.R.Evid. 901 advisory committee’s notes (emphasis supplied). Courts interpreting this Rule have accepted its plain meaning. See, e.g., United States v. Cerone, 830 F.2d 938, 949 (8th Cir.1987) (“Any person may identify a speaker’s voice if he has heard the voice at any time.”), cert. denied, — U.S. -, 108 S.Ct. 1730, 100 L.Ed.2d 194 (1988); United States v. Gironda, 758 F.2d 1201, 1218 (7th Cir.) (witness was familiar with voice of defendant based on at least three conversations prior to telephone call at issue), cert. denied, 474 U.S. 1004, 106 S.Ct. 523, 88 L.Ed.2d 456 (1985); United States v. Cambindo Valencia, 609 F.2d 603, 640 (2d Cir.1979) (witness properly identified defendant based on listening to voice exemplar), cert. denied, 446 U.S. 940, 100 S.Ct. 2163, 64 L.Ed.2d 795 (1980); United States v. Watson, 594 F.2d 1330, 1335 (10th Cir.) (witness may identify defendant based on conversations held “either before or after the particular speaking which is the subject of the identification”), cert. denied, 444 U.S. 840, 100 S.Ct. 78, 62 L.Ed.2d 51 (1979). Here, the government introduced testimony from three witnesses: FBI Agent John Edward Hernandez; Jose Buergo, an assistant professor of Spanish at the University of Illinois; and Gladys Wilson, a former romantic interest of Mr. Holguin. Concerning Mr. Holguin, Agent Hernandez testified that he conversed with the appellant in Spanish for “approximately four to five hours,” tr. vol. 9 at 1674-75, and that he heard Mr. Holguin testify at a pretrial hearing for an additional forty-five minutes. Agent Hernandez also testified that he listened to the tape recordings “[i]n excess of five [hundred] to 600 hours.” Id. at 1670. Based on this foundation, he then expressed his opinion that “the transcripts correctly identified Gustavo Dejesus Hol-guin.” Id. at 1676. Moreover, Gladys Wilson testified that, based on numerous in-person and telephone conversations with Mr. Holguin, his voice is one “that I will never forget.” Tr. vol. 24 at 4315. She indicated that when she listened to several of the tape recordings at issue, she recognized Mr. Holguin’s voice. She then informed an FBI agent of her identification and he initialed those tapes. As to Ms. Rivera, both Agent Hernandez and Professor Buergo conversed with her and, at that time, obtained a recorded voice exemplar of her speech. They then compared their conversations and the exemplar with the voices on the cassettes. Like Agent Hernandez, Professor Buergo spent considerable time reviewing the tapes —“[a]pproximately 300 hours.” Tr. vol. 10 at 1840. At trial, both of these witnesses testified that Ms. Rivera properly was identified on the transcripts of the tape recordings. Although only a “[mjinimal familiarity is sufficient for admissibility purposes,” Cerone, 830 F.2d at 949, the government witnesses had considerable opportunity to become acquainted with the voices of the appellants. “Attacks on the accuracy of the identification go to the weight of the evidence, and the issue is for the jury to decide.” Id.; see United States v. Smith, 635 F.2d 716, 719 (8th Cir.1980). Accordingly, the district court properly admitted the tapes and the transcripts into evidence. B. Fifth Amendment Due Process Claim 1. Contentions of the Parties Despite the proper foundation for admissibility of the voice identification evidence, Mr. Holguin contends that the testimony of the government witnesses violated the appellants’ fifth amendment due process rights. He submits that the voice identification procedure was impermissibly suggestive: “[P]rior to hearing any of [the] defendants’ actual voice[s] both Hernandez and Buergo had spent hundreds of hours listening to tapes with transcript in hand and those transcripts had already had the alleged speaker designated.” Holguin’s Br. at 77. The government contends that Mr. Hol-guin has waived this issue because it was not raised before the district court. In addressing the merits, the government submits that the due process considerations prohibiting certain kinds of identification evidence apply only to methods that might produce a likelihood of misidentification. It argues that the same concerns are not present when voice identification is made in the manner done here; the voices of the parties who committed the crimes were memorialized on recorded tape. Because no memory was involved, the government submits that there was no substantial likelihood of misidentification and the due process considerations governing such an identification should not apply. 2. Analysis While it is not entirely clear that Mr. Holguin properly preserved this contention, we believe that the state of the record (which comprises approximately 7000 transcribed pages and several hundred more of exhibits) warrants our addressing the merits of Mr. Holguin’s due process argument. We previously have joined other circuits in holding that voice identification, like other forms of identification, should be subject to a due process analysis to ensure that the identification was not unduly suggestive. See Israel v. Odom, 521 F.2d 1370, 1374-75 (7th Cir.1975); see also United States v. Patton, 721 F.2d 159, 162-63 (6th Cir.1983); United States v. Schultz, 698 F.2d 365, 367-68 (8th Cir.1983); United States v. Pheaster, 544 F.2d 353, 369 (9th Cir.1976), cert. denied, 429 U.S. 1099, 97 S.Ct. 1118, 51 L.Ed.2d 546 (1977). The Eighth Circuit recently has summarized the applicable due process analysis for in-eourt identifications: The linchpin in determining the admissibility of identification testimony in a criminal trial is reliability. Manson v. Brathwaite, 432 U.S. 98, 114, 97 S.Ct. 2243, 2253, 53 L.Ed.2d 140 (1977). If the identification procedure used is unduly suggestive, it deprives the defendant of a fair trial and due process of law. Id. at 102-14[, 97 S.Ct. at 2246-53]. An identification procedure is impermissibly suggestive if it gives rise to a very substantial likelihood of irreparable misidentifi-cation. Simmons v. United States, 390 U.S. 377, 384, 88 S.Ct. 967, 971, 19 L.Ed.2d 1247 (1968). The court must determine whether under “the totality of the circumstances” an identification is reliable. Stovell v. Denno, 388 U.S. 293, 302, 87 S.Ct. 1967, 1972, 18 L.Ed.2d 1199 (1967). [T]he factors to be considered in evaluating the likelihood of misidentifi-cation include the opportunity of the witness to view the criminal at the time of the crime, the witness’s degree-of attention, the accuracy of the witness’s prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation. Neil v. Biggers, 409 U.S. 188, 199, 93 S.Ct. 375, 382, 34 L.Ed.2d 401 (1972). “Against these factors is to be weighed the corruptive effect of the suggestive identification itself.” Manson v. Brathwaite, 432 U.S. at 114, 97 S.Ct. at 2253. Little v. Armontrout, 819 F.2d 1425, 1433 (8th Cir.), vacated on other grounds, 835 F.2d 1240 (1987) (en banc), cert. denied, — U.S. -, 108 S.Ct. 2857, 101 L.Ed.2d 894 (1988). Applying these factors to the instant case, it is apparent that neither Mr. Hol-guin’s nor Ms. Rivera’s due process rights were violated. The identification procedures were reliable. First, as already noted, the government witnesses had ample opportunity to review the voices of the appellants. Agent Hernandez spent several hours speaking in Spanish with Mr. Hol-guin prior to trial. In addition, Gladys Wilson identified Mr. Holguin’s voice on many of the cassette tapes. Concerning Ms. Rivera, both Agent Hernandez and Professor Buergo had exemplars of the appellant’s voice which they were able to compare with the voices on the Rudy and Whipple tapes. Apparently, they reviewed these tapes a number of times, collectively spending at least 800 hours so doing. Second, Agent Hernandez and Professor Buer-go’s identifications were obviously the product of careful study. We find no evidence that they did not give careful attention to the voice identification process. See Brown v. Harris, 666 F.2d 782, 786 (2d Cir.1981) (“Witnesses who listen to a crime that has been ‘memorialized on tape,’ United States v. Aiken, 491 F.Supp. 37, 38 (S.D.N.Y.) aff'd mem., 639 F.2d 769 (2d Cir.1980), cert. denied, 450 U.S. 996, 101 S.Ct. 1699, 68 L.Ed.2d 196 (1981), are in a position to offer uniquely reliable testimony. ... [T]hey have the luxury of listening to the tape in an office, where they can devote their full attention to it...cert. denied, 456 U.S. 948, 102 S.Ct. 2017, 72 L.Ed.2d 472 (1982). Third, their testimony at trial indicates that Agent Hernandez, Professor Buergo and Gladys Wilson all' were quite positive that the voices on the tapes were those of the appellants. And fourth, Agent Hernandez was in the process of reviewing approximately half of the reel-to-reel tapes during the time that he conversed with Mr. Holguin. As a result, there was no prolonged interval between the conversation and the recorded review. As to Ms. Rivera, because the identification of her voice was made pursuant to an exemplar, she cannot argue that the witnesses’ memories faded over time. Finally, given the overwhelming evidence presented by the government that the transcripts properly identified the speakers, “[i]t follows, as a matter of logic, that, even if arguably suggestive, the pretrial identification could not have given rise to a substantial likelihood of irreparable misidentification.” Patton, 721 F.2d at 163. Accordingly, we hold that the voice identification procedures employed by the government did not violate the appellants fifth amendment due process rights. C. Sixth Amendment Right to Confront Witnesses 1. Contentions of the Parties Mr. Holguin next contends that the voice identification procedures violated the appellants’ sixth amendment right to confront witnesses against them. Specifically, he challenges the method by which the cassette tapes, recorded in Spanish, were translated into English and written out in transcript form. He submits that, because each translator of each tape did not testify at trial as to the true and accurate representation of the tapes that they translated, the appellants were denied the right to confront the translators. He also argues that the appellants were denied the right to cross-examine the individuals who affixed the names of the defendants onto the transcripts prior to giving them to Agent Hernandez and Professor Buergo. Thus, he submits, the appellants were unable to inquire as to how the defendants were so identified. The government again contends that this issue was waived. In the alternative, it argues that Mr. Holguin had the opportunity to cross-examine Agent Hernandez and Professor Buergo who testified that the transcripts accurately reflected the conversations on the cassettes. In addition, the government submits that Agent Hernandez and Professor Buergo testified, subject to cross-examination, that the names of Mr. Holguin and Ms. Rivera were affixed properly on the transcripts. 2. Analysis Again, while it is not entirely clear that Mr. Holguin properly preserved this contention, we address his argument for the same reasons set forth above concerning his fifth amendment claim. Mr. Hol-guin’s sixth amendment challenge is without merit. As already noted, the foundation of the voice identification evidence was proper. Concerning the accuracy of the transcripts, Professor Buergo testified that he had reviewed all of the recordings for accuracy and found that they were true and accurate representations of the taped conversations. The only evidence offered to rebut Professor Buergo’s testimony was testimony from Lucracia Gonzalez, a translator for the Chicago Board of Education. Based on her study of a small portion of the voluminous transcripts and the accompanying tapes, she opined that the translations of the cassettes generally did “not grasp the tone or the message on the Spanish conversations.” Tr. vol. 30 at 5632. However, when the government cross-examined her, Ms. Gonzalez revealed that the errors in the government translations consisted primarily of incorrect verb tenses, shifting pronouns, using harsh language rather than mild language, and making minor, nonmaterial word changes that did not alter significantly the meaning of the conversations. The conflicting testimony of Professor Buergo and Ms. Gonzalez, which was subject to cross-examination, was weighed and assessed by the jury in reaching its verdict. Such a credibility determination is uniquely for the jury. As to the individuals who initially affixed the names of the speakers to the transcripts, both Agent Hernandez and Professor Buergo testified o,n the basis of voice exemplars, personal knowledge, or both, that the names on the transcripts properly identified the speakers on the cassettes. Similarly, Ms. Wilson had substantial prior contact with Mr. Holguin on which to base her voice identification of him. All of this in-court testimony was subject to cross-examination by Mr. Holguin and the other appellants. Sufficiency of the Evidence A. Gustavo Holguin Mr. Holguin also raises several arguments that challenge the jury’s verdict on the ground that the evidence was insufficient to support his conviction. Specifically, he makes three such challenges: (1) the government relied exclusively on evidence in the Rudy and Whipple tapes, which he submits, incorrectly were admitted into evidence; (2) the government failed to prove that the conversations allegedly involving Mr. Holguin discussed narcotics; and (3) the government failed to prove the specific elements of the CCE charge. As we have held consistently in addressing sufficiency of the evidence challenges, our standard of review is: “Viewing the evidence in the light most favorable to the prosecution, could any rational trier of fact have found the defendants guilty beyond a reasonable doubt?” United States v. Garner, 837 F.2d 1404, 1422 (7th Cir.1987), cert. denied, — U.S. -, 108 S.Ct. 2022, 100 L.Ed.2d 608 (1988); see Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). In other words, “ ‘[i]t is not for us to weigh the evidence or to determine the credibility of witnesses. The verdict of a jury must be sustained if there is substantial evidence, taking the view most favorable to the Government, to support it.’ ” United States v. Kord, 836 F.2d 368, 371 (7th Cir.1988) (quoting Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 469, 86 L.Ed. 680 (1942)), petition for cert. filed (May 16, 1988). 1. Mr. Holguin was convicted of one count of a narcotics conspiracy, one count of a RICO enterprise, one count of a CCE, two counts of interstate travel facilitation, and nineteen counts of telephone facilitation. His initial challenge is that the guilty verdicts on all of these crimes, except for the CCE count, were based solely on the Rudy and Whipple tapes. Because he contends that the admission of the tapes violated his constitutional rights, he submits that these verdicts also should be reversed. As already noted, however, the government’s voice identification evidence properly was admitted. Moreover, Mr. Holguin does not contend, for the most part, that, even if the tapes were properly admitted, the evidence was insufficient to support the jury’s verdict. Concerning the telephone facilitation counts, Mr. Holguin does contend that “even if for the sake of argument we agree that Holguin was the voice on the transcripts — there was no evidence at the trial that Holguin was ever in possession of a narcotic substance with the intent to distribute or deliver, nor was there any evidence of a delivery of narcotics by Holguin.” Holguin’s Br. at 90. Mr. Holguin relies on a United States District Court for the District of Delaware decision for his support. See United States v. Leslie, 411 F.Supp. 215 (D.Del.1976). In Leslie, the district court held that the defendant could not be convicted for telephone facilitation crimes under 21 U.S.C. § 843(b) unless the government proves an actual distribution of narcotics. Here, Mr. Hol-guin was not charged with actual distribution of narcotics in violation of 21 U.S.C. § 841. However, the actual distribution of narcotics need not be perpetrated by the defendant charged with the crime of telephone facilitation. As the Fifth Circuit aptly summarized the crime of telephone facilitation under 21 U.S.C. § 843(b): In order to prove a violation of 21 U.S.C.A. § 843(b), the Government must establish that the defendant knowingly and intentionally used a communications facility, e.g., a telephone, to facilitate the commission of a narcotics offense. In order to establish the facilitation element, the Government must show that the telephone call comes within the common meaning of facilitate — “to make easier” or less difficult, or to assist or aid. It is sufficient if a defendant’s use of a telephone to facilitate the possession or distribution of controlled substances facilitates either his own or another person’s possession or distribution. United States v. Phillips, 664 F.2d 971, 1032 (5th Cir. Unit B 1981) (emphasis supplied), cert. denied, 457 U.S. 1136, 102 S.Ct. 2965, 73 L.Ed.2d 1354 (1982); see United States v. Watson, 594 F.2d 1330, 1342 n. 14 (10th Cir.) (defendant could be charged with telephone facilitation if underlying distribution was by either himself or third party), cert. denied, 444 U.S. 840, 100 S.Ct. 78, 62 L.Ed.2d 51 (1979). Accordingly, there is no merit to Mr. Holguin’s contention on this issue. For the reasons set forth previously, we find that the evidence was sufficient to support the jury verdict. 2. Mr. Holguin’s next contention is that “[n]one of the conversations on [sic] which Defendant Holguin was the alleged speaker mentioned any narcotics.” Hol-guin’s Br. at 88. We initially note with respect to the appellants collectively, including Mr. Holguin, that the government presented testimony at trial from DEA Agent Ralph Arroyo, an experienced undercover detective. Agent Arroyo testified that narcotics conspirators use code words as a matter of course in transacting their illicit business. For example, the words “girl, white, shirt — those are about the most common ones that are used [to mean cocaine].” Tr. vol. 24 at 4343. Agent Arroyo then went on to testify that “[y]ou can tell [that a word is a drug reference] by putting the word that they are talking about into the context of the whole telephone call conversation.” Id. As he further testified: [I]f it is a person with a business, let’s just say a grocery store owner, if I was talking to him on the telephone and I wanted to order some cocaine, he might say, “Do you want to buy one onion,” referring to onion being white and that being cocaine. If I wanted to buy some, let’s say, heroin, he would say, “Do you want to buy one avocado,” being dark, being the heroin. Id. at 4351-52. Thus, where an Italian-cuisine restaurateur was conducting a narcotics transaction on the telephone with one of the appellants, the restaurateur testified that his use of the words “food” and “spaghetti” were code words for cocaine. Tr. vol. 27 at 5003 (testimony of Sebastiano Ganci). Concerning evidence offered directly against Mr. Holguin, the government introduced a transcript of a conversation between Mr. Holguin and Rudy in which Mr. Holguin informed Rudy that “[t]oday I couldn’t get but two boxes of filters, you know?” Tr. vol. 13 at 2317; Appellee’s Ex. Whipple 5. The government contends that the reasonable inference of the code words “boxes” and “filters” is cocaine. Support for the government’s position is found in the same conversation. For instance, Mr. Holguin told Rudy that a future shipment of “boxes” will cost “around eight and a half.” Id. At trial, Agent Arroyo testified that if the price of cocaine was $38,000, the seller “could either say to me, ‘It’s 38.’ He could say to me, ‘It’s 800.’ He could say to me, ‘It’s 8,' and I would understand that that one kilo is going to cost me $38,000.” Tr. vol. 24 at 4354. In another conversation between Mr. Holguin and Rudy, Mr. Holguin said, “I’ll make a special flight and bring you a sample so you can see it, analyze it.” Rudy responded, “[g]o on then, but send me something to mix with this, so that together they come out.” Appellee’s Ex. Rudy 51 at 5. We think that a reasonable jury could easily have inferred from this conversation that Rudy was disappointed with the quality of cocaine that previously had been supplied by Mr. Holguin. Accordingly, Mr. Holguin was sending Rudy a sample of purportedly better quality cocaine. It also suggests that Rudy wanted some substance to mix with the inferior cocaine to make it more salable. At trial, the government also introduced conversations between Mr. Holguin and Mr. Castrellon in which the appellants speak of conducting alcohol and temperature tests on a “material.” Specifically, Mr. Holguin noted to Mr. Castrellon that the “material,” when a thermometer was applied to it, “marked one hundred eighty (180).” Mr. Holguin then said, “[t]hat comes out perfect.” He also noted that the “alcohol came out perfect too.” Next, Mr. Holguin noted that after conducting a “devolution” test, “it turn[ed] into a paste ... bad quality, something different____” Finally, Mr. Castrellon inquired about “bicarbonate.” Mr. Holguin responded that “we do it with the ammonia.” See Tr. vol. 18 at 3189-90; Appellee’s Ex. Rudy 48. The government then called DEA forensic chemist Scott Masumoto to testify. Agent Masumoto testified that two methods used to test a substance for cocaine involve temperature and alcohol. In regard to the temperature test, Agent Masu-moto stated that a 180-degree melting temperature for cocaine “would indicate that it was still relatively pure.” Tr. vol. 20 at 3390. He then testified that, in converting cocaine hydrochloride (sniffed through the nose) to cocaine base (smoked), one generally adds “ammonia or sodium bicarbonate” and an “organic solvent” to a hydrochloride and water solution. Id. at 3394. He also testified that, in converting this solution to cocaine base, under certain circumstances, the base can result in a “pasty” quality. Id. at 3396. Finally, the government introduced evidence that Mr. Holguin, and some of the other appellants, used coded telephone numbers to conceal further their narcotics transactions. For instance, after cracking the code, the telephone numbers were traced either to hotels where Mr. Holguin was staying, or to Mr. Holguin’s Miami, Florida residence. Accordingly, viewing the evidence in the light most favorable to the government, we cannot say that the jury incorrectly inferred that the coded telephone conversations introduced by the government referenced dealings in narcotics. 3. Mr. Holguin’s final attack on the sufficiency of the evidence focuses on his CCE conviction. “The CCE offense has five elements: (1) a predicate offense violating a specified drug law (2) as part of a ‘continuing series’ of drug violations (3) that occurred while the defendant was acting in concert with five or more other people (4) to whom the defendant occupied the position of an organizer or manager and from which series the defendant (5) obtained substantial income or resources.” United States v. Markowski, 772 F.2d 358, 360-61 (7th Cir.1985), cert. denied, 475 U.S. 1018, 106 S.Ct. 1202, 89 L.Ed.2d 316 (1986); see 21 U.S.C. § 848; Garrett v. United States, 471 U.S. 773, 781, 105 S.Ct. 2407, 2412, 85 L.Ed.2d 764 (1985). Mr. Holguin raises two contentions: First, he argues that the government failed to prove that he participated in at least three felonies so as to come under the ambit of a “continuing series”; and second, he argues that the government failed to show that he acted in concert with at least five persons in regard to whom he was in a position of organizer, supervisor or manager. We address these two contentions in turn. a. As Mr. Holguin correctly states, and the government agrees, the “continuing series” element of the CCE statute requires that the defendant have committed at least three felony violations of the federal narcotics laws. United States v. Chiattello, 804 F.2d 415, 420 (7th Cir.1986); United States v. Head, 755 F.2d 1486, 1490 (11th Cir.1985). The government interprets Mr. Holguin’s contentions as a repeat of his prior arguments that the evidence was insufficient to sustain his convictions for violating the other federal narcotics laws charged against him in the indictment. Accordingly, the government asserts that, if the evidence was sufficient to convict Mr. Holguin on those other counts, then those predicate acts also serve to convict him on the CCE charge. The CCE count in the indictment alleged twenty-two specific predicate acts. Each of those acts also was alleged separately as a substantive offense elsewhere in the indictment. The jury found Mr. Holguin guilty of each count. There is no claim made that the counts are multiplicitous. Accordingly, there is no basis for Mr. Hol-guin’s attack of his CCE conviction on this ground. b. Mr. Holguin’s second contention relating to his CCE conviction is somewhat more complex. He contends that the government failed to show that he supervised, managed, or organized at least five people in regard to the conspiracy. In contrast, the government contends here, as it did at trial, that there were seven: (1) Mauricio Giraldo; (2) Chavela or “the girl”; (3) Humberto Castrellon; (4) “the compadre”; (5) Donald or Donaldo; (6) Gabriella Torres; and (7) “the kid.” As to Mauricio Giraldo, Mr. Holguin claims error because there is no foundation for the admission of Mr. Giraldo’s identification, and, in any event, the evidence is insufficient to show that Mr. Giraldo participated in a narcotics conspiracy. Next, he contends that Chavela and “the girl” are the same person. However, the government concedes this. As to “the compadre,” Mr. Holguin contends that there is no direct evidence linking himself,to Mr. Cas-trellon’s “compadre”; he submits that the CCE is not a vicarious liability statute. He then contends that Donaldo appears only in one telephone conversation in which he leaves a message for Mr. Castrellon to call him or Mr. Holguin. He submits that there is no evidence linking Donaldo to any conspiracy. Finally, as to “the kid,” Mr. Hol-guin contends that the only reference to him appears “in regards to an unknown person who performed an unknown act at an unknown time for unknown purposes.” Holguin’s Br. at 95-96. Our review of the record concerning Mauricio Giraldo reveals that there was evidence indicating that he came to Chicago from Miami, on behalf of Mr. Holguin, to collect payment for cocaine that Mr. Hol-guin supplied to Rudy. As to Chavela, the government agrees that Chavela and “the girl” are the same person. To establish that Mr. Holguin supervised Chavela’s actions in the conspiracy, the government presented evidence that, when Mr. Castrellon complained to Mr. Holguin that the cocaine he had given him was of poor quality, Mr. Holguin said that he would direct Chavela to sell some of this cocaine for Mr. Castrellon. As to Mr. Castrellon, the evidence established that Mr. Castrellon delivered cocaine for Mr. Holguin. For example, Mr. Cas-trellon was seen at Rudy’s Service Station in 1985. This was only two days after a conversation between Mr. Holguin and Rudy in which Mr. Holguin informed Rudy that Mr. Castrellon would soon deliver him a “box” of “filters,” apparently from Miami. Tr. vol. 18 at 2315-19; Appellee’s Ex. Whipple 5. After Mr. Castrellon’s arrival at the gas station, Rudy told his associates that the delivery had been made. The record also discloses that Mr. Holguin organized Mr. Castrellon’s efforts to “dump” poor quality cocaine. As to “the compadre,” the record discloses that he assisted Mr. Castrellon in disposing of the cocaine. An individual need not have direct communications with individuals in order to be their supervisor. As the Eleventh Circuit recently held, “if a defendant personally hires only the foreman, that defendant is still responsible for organizing the individuals hired by the foreman to work as the crew. We find that mere delegation of authority does not detract from [the defendant’s] ultimate status as organizer.” United States v. Rosenthal, 793 F.2d 1214, 1226 (11th Cir.), modified on other grounds, 801 F.2d 378 (11th Cir.1986), cert. denied, — U.S. -, 107 S.Ct. 1377, 94 L.Ed.2d 692 (1987). Concerning Donaldo, the government introduced evidence that he had left messages at Rudy’s Service Station stating that “we need him [Mr. Castrellon] urgently” and that he should call either Donaldo or Mr. Holguin. Tr. vol. 23 at 4078-80; Appellee’s Exs. Rudy 87-88. Donaldo identified himself as being from “the travel agency in Miami.” Tr. vol. 23 at 4078. Mr. Holguin’s Miami business was a travel agency called Latin American Tours. Ap-pellee’s Br. at 69 n. 65. Donaldo also is mentioned in a conversation between Mr. Holguin and Mr. Castrellon in which Mr. Castrellon, after being asked by Mr. Hol-guin if he wanted to do business, responded, “I will call you back later ... at Donal-do’s or on the beeper.” Tr. vol. 23 at 4178; Appellee’s Ex. Rudy 97. The government’s attempt to connect Ga-briella Torres to Mr. Holguin is, in our view, unsatisfactory. There is no doubt that Ms. Torres’ drug-related activities were under the supervision and control of Mr. Castrellon. However, although some of Mr. Castrellon’s activities either were directed or organized by Mr. Holguin, it is quite clear, by the government’s own admission, that not all of his activities were under Mr. Holguin. The two telephone conversations referenced by the government in an attempt to link Ms. Torres to the Holguin-Castrellon undertaking contain no indication that Ms. Torres’ assistance of Mr. Castrellon was in any way related to Mr. Castrellon’s activities with Mr. Holguin. The government has failed to submit any other evidence on this matter. Under these circumstances, a rational jury could not have concluded that Mr. Holguin organized, supervised, or in any other way managed the activities of Ms. Torres. We emphasize that, in reaching this conclusion, we do not mean to imply that the subordinate of an intermediary can never be considered, for purposes of the CCE statute, as managed by someone further up in the organization. Indeed, the contrary proposition is well established. See Rosenthal, 793 F.2d at 1226; see also United States v. Phillips, 664 F.2d 971, 1034 (5th Cir. Unit B 1981), cert. denied, 457 U.S. 1136, 102 S.Ct. 2965, 73 L.Ed.2d 1354 (1982); United States v. Bolts, 558 F.2d 316, 320 (5th Cir.), cert. denied, 434 U.S. 930, 98 S.Ct. 417, 54 L.Ed.2d 290 (1977). However, in a situation such as this one, where the government cannot rely on circumstantial evidence of organizational hierarchy and structure, other evidence of the relationship between the controller and the controlled must be present. Here, it is missing. The government also relied explicitly on a seventh actor who was supposedly under the control of Mr. Holguin. This actor appears only once in the transcript in a cryptic reference by Mr. Castrellon that “he” (supposedly Mr. Holguin) “was going to send the kid ... for what [Rudy] ... w[as] missing.” Tr. vol. 20 at 3497. There is no indication that “the kid” is anyone other than one of the persons mentioned in the earlier paragraphs. While it hardly will be possible for the government to identify each actor by name, it is necessary that, in such a circumstance, sufficient other evidence be introduced to establish a separate and distinct identity. The foregoing analysis requires that we reverse Mr. Holguin’s conviction under the CCE statute. It certainly is not necessary for the government to establish in every CCE case the specific identity of all five individuals subject to the defendant’s direction. Oftentimes, the government will be able to establish that an individual’s place in the hierarchy or structure of the organization establishes his direction of five or more people. See Markowski, 772 F.2d at 360. However, when the government, as here, does not rely on such an approach and instead chooses to rely on the activity of specific individuals, it must submit sufficient evidence to permit a rational jury to conclude that each of those individuals had been directed by the defendant. Here, the government admits explicitly that it argued at trial that Mr. Hol-guin managed or supervised these seven people. Appellee’s Br. at 77 n. 73. Because the jury was not asked to specify the persons it found controlled by Mr. Hol-guin, the possibility exists that the jury could have relied on the presence of either Ms. Torres or the kid. See Yates v. United States, 354 U.S. 298, 312, 77 S.Ct. 1064, 1073, 1 L.Ed.2d 1356 (1957); United States v. Holzer, 840 F.2d 1343, 1352 (7th Cir.1988). Although we uphold Mr. Holguin’s other convictions, our precedent requires that he be resentenced because “the judge conceivably may have given him a longer sentence because he erroneously believed that ... [Mr. Holguin] had committed another crime....” Id. B. Gabriel Alvarez Mr. Alvarez raises three avenues of attack on the sufficiency of the government’s evidence: First, he contends, the government’s proof at trial established two separate RICO “conspiracies” rather than one single RICO “conspiracy”; second, he submits that the government failed to show any nexus between his conspiratorial conduct and interstate commerce; and third, he asserts that he was not part of the count one conspiracy to distribute narcotics. 1. The Existence of a Single RICO Enterprise With respect to his first contention, Mr. Alvarez submits that the agreement between himself and Juventino, concerning heroin, was a separate and distinct RICO “conspiracy” from the agreement between the other codefendants to sell narcotics. He submits that there was no evidence that he was employed by, or associated with, the larger “conspiracy” proved by the government. In contrast, the government contends that the evidence at trial was sufficient to show a single RICO “enterprise.” Specifically, it contends, the association of Juventino and Mr. Alvarez for the sale of heroin was not independent of the association of the other defendants for the sale of narcotics. At the outset, it is important to note that the government charged — and the jury convicted — Mr. Alvarez of a substantive RICO offense or “enterprise” under 18 U.S.C. § 1962(c). Mr. Alvarez was not convicted, as his brief suggests, of a RICO “conspiracy,” which is a violation of 18 U.S.C. § 1962(d). To establish a RICO enterprise violation, the government must prove: (1) the existence of an enterprise; (2) that the enterprise affected interstate commerce; (3) that the defendant was employed by or associated with the enterprise; (4) that he participated, either directly or indirectly, in the conduct of the affairs of the enterprise; and (5) that he participated through a pattern of racketeering activity, i.e. through the commission of at least two racketeering acts. United States v. Kopituk, 690 F.2d 1289, 1323 (11th Cir.1982), cert. denied, 461 U.S. 928, 103 S.Ct. 2089, 77 L.Ed.2d 300 (1983); see also United States v. Horak, 833 F.2d 1235, 1239-40 (7th Cir.1987); United States v. Blackwood, 768 F.2d 131, 137 (7th Cir.) cert. denied, 474 U.S. 1020, 106 S.Ct. 569, 88 L.Ed.2d 554 (1985). In essence, Mr. Alvarez argues that the evidence of record does not establish that his actions can be construed to show that he was employed by or associated with the single enterprise proved by the government. In this context, an enterprise is defined as including “any individual, partnership, corporation, association, or other legal entity____” 18 U.S.C. § 1961(4). The Supreme Court has given us further guidance by noting that an enterprise is proven “by evidence of an ongoing organization, formal or informal, and by evidence that the various associates function as a continuing unit.” United States v. Turkette, 452 U.S. 576, 583, 101 S.Ct. 2524, 2528, 69 L.Ed.2d 246 (1981). As a result, we must determine whether the government presented enough evidence for a reasonable jury to find that a single RICO enterprise existed for the purpose of selling narcotics — cocaine, heroin, and marijuana — and that Mr. Alvarez participated in the affairs of that enterprise. In our view, there is sufficient evidence of record to support a jury determination that the transactions in which Mr. Alvarez participated were part of the activities of the RICO enterprise alleged by the government. a. transactions with Agent Lopez Our review of the record indicates that Agent Lopez made at least four undercover purchases of heroin — two from Mr. Alvarez accompanied by Juventino and two from Juventino alone. At trial, the government introduced evidence establishing Rudy as the source of the heroin in all of these transactions. For instance, when Agent Lopez purchased twenty ounces of heroin for $15,000 from Juventino at Rudy’s Service Station on June 27, 1985, Juventino told Agent Lopez that the source of Juven-tino’s cocaine on past occasions, as well as the heroin he was now buying, “was the same person.” Tr. vol. 5 at 1040. The government contends that the source of the cocaine was Rudy, an argument overwhelmingly supported by the evidence and not contested by the appellants. Also, DEA Agent Norbert Kuksta testified that he witnessed Juventino give Rudy a black box, the same type of container holding the $15,000 that Agent Lopez gave to Juventi-no, shortly after the June 27, 1985 heroin transaction. In addition, Agent Lopez testified that Juventino told him that the source of his previous heroin purchases was the same person that supplied the June 27,1985 heroin. The only two heroin transactions involving Agent Lopez prior to the June 27,1985 sale were two transactions at which both Mr. Alvarez and Juventino were present. Furthermore, Agents Kuksta and Ludvigsen testified that Rudy and Juventi-no transported a plastic bag to the June 27, 1985 sale, which subsequently was shown to contain heroin. Finally, a portion of the money used in this heroin transaction ultimately was uncovered in a search of Rudy’s residence. On the other hand, we do note that, when Mr. Alvarez sold heroin to Agent Lopez for the first time, Juventino told Agent Lopez that the source of the cocaine was Rudy and the source of the heroin was Mr. Alvarez. However, at most, this presents conflicting evidence and, as we already have noted, under our standard of review, we must view such evidence in the light most favorable to the government. Jackson, 443 U.S. at 319, 99 S.Ct. at 2789; Garner, 837 F.2d at 1422. b. association with activities of the enterprise The government also introduced evidence that the defendant Juan Rivera (not an appellant), served as a lookout for Mr. Alvarez and Juventino during Agent Lopez’ purchase of heroin on April 30, 1985. Mr. Rivera was charged as a participant in the conspiracy but eluded trial. Nevertheless, the government produced evidence which tended to show that Mr. Rivera had, on at least one occasion, negotiated the purchase of marijuana from Rudy. Finally, the government introduced evidence that Mr. Alvarez was concerned with “why [Agent Lopez] wasn’t buying any coke,” tr. vol. 4 at 768, when Agent Lopez had arranged to buy heroin from Mr. Alvarez on May 29, 1985. The government suggests that Mr. Alvarez’ inquiry evidences an interest on his part in the cocaine business as well as in the heroin trade. This contention is bolstered by the testimony of Customs Service Agent Theodore Sig-gins, who testified that, on June 29, 1985, he witnessed Mr. Alvarez and another man arrive together at Rudy’s Service Station. At the gas station, according to Agent Sig-gins, both men conversed with Rudy, Mr. Castrellon, and several other individuals. After approximately one hour, Agent Sig-gins observed Mr. Alvarez depart with Rudy and another man in a pickup truck. The three men subsequently returned to the gas station. Approximately thirty minutes later, appellant Leovigilda Rivera arrived at the station and conversed with Mr. Alvarez, Rudy, Mr. Castrellon, and others before Mr. Alvarez finally departed. Viewing all of this evidence in its entirety, we hold that the government presented sufficient evidence to establish, albeit circumstantially, that only one criminal RICO enterprise existed which included Mr. Alvarez as a participant. 2. Interstate Commerce Nexus Nevertheless, Mr. Alvarez contends that, even though he was part of a RICO “conspiracy” to sell heroin with Ju-ventino, the government failed to prove beyond a reasonable doubt that the heroin he sold affected interstate commerce. Mr. Alvarez makes this argument only as to the smaller “conspiracy” to which he concedes his participation. As he states in his brief, the evidence, when “viewed in the light most favorable to the prosecution reveals that ... he participated in two heroin sales wherein he and Juventino sold the substance to Raleigh Lopez on April 30, 1985 and May 29, 1985.” Alvarez’ Br. at 8. The government introduced evidence that the heroin Mr. Alvarez and Juventino sold to Agent Lopez was brown. Brown heroin comes from Mexico. Tr. vol. 2 at 154 (testimony of Agent Lopez). In the context of a RICO enterprise, the government carries its burden of establishing an “affect [on] interstate or foreign commerce,” 18 U.S.C. § 1962(c), even if it shows only a minor or minimal influence on interstate commerce. United States v. Robinson, 763 F.2d 778, 781 (6th Cir.1985); Bunker Ramo Corp. v. United Business Forms, Inc., 713 F.2d 1272, 1289 (7th Cir.1983); United States v. Nerone, 563 F.2d 836, 854 (7th Cir.1977), cert. denied, 435 U.S. 951, 98 S.Ct. 1577, 55 L.Ed.2d 801 (1978). Accordingly, Agent Lopez’ testimony satisfies the government’s minimal burden. 3. The Conspiracy Count Finally, Mr. Alvarez contends that there was a material variance between the single 21 U.S.C. § 846 conspiracy alleged in count 1 of the indictment, and the two separate and distinct narcotics “conspiracies” that he alleges the government established at trial. He submits that this material variance caused substantial prejudice to him because of transference of guilt and evi-dentiary spillover. The government submits that Mr. Alvarez never raised the issue below, nor did he ask for a multiple conspiracy instruction to the jury. Accordingly, the government urges us to find that this argument has been waived. a. We agree with the government that Mr. Alvarez has waived this argument. Rule 30 of the Federal Rules of Criminal Procedure clearly states that “[n]o party may assign as error any portion of the charge or omission therefrom unless that party objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which that party objects and the grounds of the objection.” Fed.R. Crim.P. 30. Compliance with the strictures of Rule 30 is “a requirement taken seriously in this circuit.” United States v. Kerley, 838 F.2d 932, 936 (7th Cir.1988); see United States v. Kehm, 799 F.2d 354, 362-63 (7th Cir.1986); United States v. Kuecker, 740 F.2d 496, 503 (7th Cir.1984). Here, Mr. Alvarez never tendered an instruction on material variance of multiple conspiracies. Although he arguably raised the issue in a post-trial motion for judgment of acquittal, that motion came too late to avoid waiver. See Kerley, 838 F.2d at 936; Kehm, 799 F.2d at 362-63. Nor do we believe the plain error doctrine affords Mr. Alvarez relief. Even if we agreed with him that two distinct conspiracies existed, the evidence demonstrates that he was involved with both. See United States v. Noble, 754 F.2d 1324, 1330 (7th Cir.) (generally, there can be no prejudice if defendant participated in both of two distinct conspiracies proved at trial), cert. denied, 474 U.S. 818, 106 S.Ct. 63, 88 L.Ed.2d 51 (1985). The Speedy Trial Act 1. Contentions of the Parties Mr. Holguin raises two issues concerning his right to a speedy trial. First, he contends that the government violated the Speedy Trial Act, 18 U.S.C. § 3161, et seq., by failing to commence his trial within seventy days from the date on which he first appeared before a judicial officer. Second, he perfunctorily argues that this delay deprived him of his right to a speedy trial under the sixth amendment. The government responds that both of these arguments are waived because they were not raised before the district court. Concerning the statutory right to a speedy trial, the government submits that Mr. Hol-guin never demanded a speedy trial. Even if he had, however, the government submits that merely demanding a speedy trial is insufficient to reverse a conviction on that ground alone. As to the sixth amendment right to a speedy trial, the government asserts that Mr. Holguin’s brief inadequately raises the issue, as it only mentions the sixth amendment right in the first and last paragraphs of Mr. Holguin’s argument relating to the speedy trial statutory claim. 2. Analysis a. statutory right to a speedy trial Section 3161(c)(1) of title 18 of the United States Code provides in relevant part: In any case in which a plea of not guilty is entered, the trial of the defendant charged in the information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs. 18 U.S.C. § 3161(c)(1). Mr. Holguin contends that he first appeared before a judicial officer on November 2, 1985 and remained in custody until commencement of his trial on May 16, 1986 — a period of 195 days. However, section 3162 explicitly states that “[fjailure of the defendant to move for dismissal prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to dismissal under this section.” 18 U.S.C. § 3162(a)(2). Courts have applied strictly this waiver language where a defendant has failed to move for dismissal prior to the commencement of trial. See, e.g., United States v. Ballard, 779 F.2d 287, 294 (5th Cir.), cert. denied, 475 U.S. 1109, 106 S.Ct. 1518, 89 L.Ed.2d 916 (1986); United States v. Tenorio-Angel, 756 F.2d 1505, 1508 (11th Cir.1985); United States v. Daly, 716 F.2d 1499, 1506 (9th Cir.1983), cert. denied, 465 U.S. 1075, 104 S.Ct. 1456, 79 L.Ed.2d 773 (1984); United States v. Little, 567 F.2d 346, 349 (8th Cir.1977), cert. denied, 435 U.S. 969, 98 S.Ct. 1608, 56 L.Ed.2d 60 (1978); see also United States v. Andrews, 790 F.2d 803, 810 (10th Cir.1986) (applying waiver where defendant pleaded guilty), cert. denied, 481 U.S. 1018, 107 S.Ct. 1898, 95 L.Ed.2d 505 (1987). Mr. Holguin contends that three times prior to trial, on December 2, 19, and 23, 1985, he made an express demand for trial before the district court. He cites no portion of the record, however, to support this contention. Nor has he included the transcripts of the district court proceedings on those dates either in his appellate brief or in the record. We therefore find no basis “for granting relief from the waiver.” United States v. Whaley, 830 F.2d 1469, 1475 (7th Cir.1987), cert. denied, — U.S. -, 108 S.Ct. 1738, 100 L.Ed.2d 202 (1988). Nevertheless, even if Mr. Holguin had demanded trial, he did not move for dismissal. A case directly on point is United States v. Stitzer, 785 F.2d 1506 (11th Cir.), cert. denied, 479 U.S. 823, 107 S.Ct. 93, 93 L.Ed.2d 44 (1986). There the court noted that, although no motion for dismissal of the indictment was made, the defendant “did file a speedy trial demand....” Id. at 1520. (emphasis supplied). After quoting the section 3162(a)(2) burden on the defendant to move for dismissal, the cou