Case: U.S. v. Orozco-Santillan
Citation: 903 F.2d 1262 (9th Cir. 1990)
Procedural History: The United States District Court for Central District of California indicted Alfredo Orozco-Santillan on three counts of threatening to assault a federal law enforcement officer. Evidence regarding threatening telephone call received by immigration officer was sufficient to establish defendant's identity as caller, as required to support conviction for threatening federal law enforcement officer; officer recognized defendant's voice, contents of call revealed information contained by the defendant, and the defendant admitted to making the call. He was sentenced to 18 months in confinement and three years probation. He appealed on count two and three, arguing that the government failed to prove his statements were threats, and on count one that he was the actual caller. The Court of Appeals reviewed the denial for motion and the evidence, and found Orozco-Santillan was guilty on all charges since there was sufficient evidence to support the verdict by the jury. …show more content…
In the first call he stated "you motherfucker, lo vas a pagar”. During another phone call he made Vela answered it and Orozco-Santillan stated, "Danny, this is Orozco. Somebody is going to die." The caller also said "you ain't shit, Vela. You're just a punk. You better let Vidal go. You had no right arresting him. You can't fuck with me Vela, cause I'm out on bail! You're going to get your ass kicked, punk”. When Orozco-Santillan was arrested again he said to agent Vela "You can't fuck with me, Vela, just because I called." The phone call is useful in proving that Orozco-Santillan made the threat to harm Agent Vela, and also called the previous
Citation: 903 F.2d 1262 (9th Cir. 1990)
Procedural History: The United States District Court for Central District of California indicted Alfredo Orozco-Santillan on three counts of threatening to assault a federal law enforcement officer. Evidence regarding threatening telephone call received by immigration officer was sufficient to establish defendant's identity as caller, as required to support conviction for threatening federal law enforcement officer; officer recognized defendant's voice, contents of call revealed information contained by the defendant, and the defendant admitted to making the call. He was sentenced to 18 months in confinement and three years probation. He appealed on count two and three, arguing that the government failed to prove his statements were threats, and on count one that he was the actual caller. The Court of Appeals reviewed the denial for motion and the evidence, and found Orozco-Santillan was guilty on all charges since there was sufficient evidence to support the verdict by the jury. …show more content…
In the first call he stated "you motherfucker, lo vas a pagar”. During another phone call he made Vela answered it and Orozco-Santillan stated, "Danny, this is Orozco. Somebody is going to die." The caller also said "you ain't shit, Vela. You're just a punk. You better let Vidal go. You had no right arresting him. You can't fuck with me Vela, cause I'm out on bail! You're going to get your ass kicked, punk”. When Orozco-Santillan was arrested again he said to agent Vela "You can't fuck with me, Vela, just because I called." The phone call is useful in proving that Orozco-Santillan made the threat to harm Agent Vela, and also called the previous