U.S. v. GUEVARA, 09-10092-PBS. (2015)
Court: District Court, D. Massachusetts
Number: infdco20150813969
Visitors: 13
Filed: Aug. 12, 2015
Latest Update: Aug. 12, 2015
Summary: REPORT AND RECOMMENDATION DAVID H. HENNESSY , Magistrate Judge . Proceeding pro se, Defendant Fermin Guevara has filed a motion to vacate pursuant to 28 U.S.C. 2255. (Docket #208). Pursuant to 28 U.S.C. 636(b)(1)(B) and an Order referring the petition to me, (Docket #213), I recommend that Guevara's motion be denied. I. Factual Background On appeal, the First Circuit Court of Appeals found the following facts to be supported by the record: Guevara regularly traveled from Bosto
Summary: REPORT AND RECOMMENDATION DAVID H. HENNESSY , Magistrate Judge . Proceeding pro se, Defendant Fermin Guevara has filed a motion to vacate pursuant to 28 U.S.C. 2255. (Docket #208). Pursuant to 28 U.S.C. 636(b)(1)(B) and an Order referring the petition to me, (Docket #213), I recommend that Guevara's motion be denied. I. Factual Background On appeal, the First Circuit Court of Appeals found the following facts to be supported by the record: Guevara regularly traveled from Boston..
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REPORT AND RECOMMENDATION
DAVID H. HENNESSY, Magistrate Judge.
Proceeding pro se, Defendant Fermin Guevara has filed a motion to vacate pursuant to 28 U.S.C. § 2255. (Docket #208). Pursuant to 28 U.S.C. § 636(b)(1)(B) and an Order referring the petition to me, (Docket #213), I recommend that Guevara's motion be denied.
I. Factual Background
On appeal, the First Circuit Court of Appeals found the following facts to be supported by the record:
Guevara regularly traveled from Boston to Peru to visit family and friends. While in Peru in November 2008, he was introduced to Patricia Lecaros-Velasquez1, an interior designer who had worked as a paid informant for both the Drug Enforcement Administration ("DEA") and the equivalent Peruvian drug agency. Lecaros-Velasquez testified that the mutual friend who introduced them did not know that she was a drug informant, and the meeting was not set up to discuss drug dealing. The friend, however, had told Lecaros-Velasquez that he had once lived with Guevara in Boston and that drugs had been sold from the house where they lived.
In their first meeting, at the Haiti Restaurant in Miraflores, Guevara told Lecaros-Velasquez that he had traveled to Peru to find a supplier for "chickens" and "animals," which Lecaros-Velasquez understood as coded references to drugs. She offered to introduce Guevara to a supplier, and Guevara then made a phone call to his boss, whom he called "Peluche." Lecaros-Velasquez also spoke briefly after a review of the objections, the court adopts the report and recommendation, denies the petition and denies a certificate at appealability.
FootNotes
1. Lecaros-Velasquez is referred to as "Cathy" in both Guevara's motion and the United States' response.
Source: Leagle
