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United States v. Felipe
Citations: 148 F.3d 101; 1998 U.S. App. LEXIS 13025; 1998 WL 345165Docket: Docket Nos. 97-1155, 97-1186 and 97-1484
Court: Court of Appeals for the Second Circuit; June 19, 1998; Federal Appellate Court
Luis Felipe appeals a March 25, 1997 conviction from the U.S. District Court for the Southern District of New York, alongside two orders: one denying his motion to modify his sentence on April 30, 1997, and another denying expanded communication rights on August 14, 1997. He and Zulma Andino, who also appeals her March 14, 1997 conviction, were leaders of the Latin Kings and Latin Queens, respectively, organizations implicated in numerous violent crimes. Felipe was convicted on all 18 counts against him and received a life sentence plus 45 years, with restricted communication rights. Andino pled guilty to three counts and was sentenced to 18 years.
Felipe's appeals challenge both his conviction and the conditions of his confinement, specifically the severe restrictions on his First Amendment rights. The court acknowledges these restrictions are extreme but justified by Felipe's violent history, emphasizing the necessity of stringent measures given the circumstances. The court affirms the district court's decisions, noting that Felipe, who founded the Latin Kings in 1986, maintained leadership from prison, where the group was characterized by the government as a racketeering enterprise engaged in various violent and illegal activities. Felipe's involvement persisted through correspondence and directives to members while incarcerated.
In April 1993, while incarcerated, Felipe violated prison regulations by attempting to send letters to an unauthorized inmate, revealing his leadership role in the Latin Kings, an unauthorized prison gang. These letters indicated plans for illegal acts, including a manifesto and a threat against a perceived traitor. As a consequence, Felipe was transferred to Attica, designated a security threat, and subjected to a mail watch due to concerns for safety and order.
Felipe was arrested on June 21, 1994, on charges of racketeering, including murder and conspiracy to murder, as established by the intercepted correspondence detailing plans to kill six individuals. He was indicted on 18 counts related to seven specific racketeering acts.
The first two acts involved the attempted murder of Rafael Gonzalez and the murder of Victor Hirschman. Felipe perceived Gonzalez as a threat and, after an initial unsuccessful attempt by a subordinate, he organized a group of Latin Kings to carry out the hit. They ultimately killed Hirschman and seriously wounded Gonzalez.
The next two acts included the murder of William Cartegena and the attempted murder of Margie Carderon. Felipe, displeased with Cartegena for failing to kill Gonzalez and suspected theft from the gang, ordered Cartegena's murder, which was executed by multiple Latin Kings. Cartegena was dismembered post-murder. Felipe also ordered the murder of Carderon, leading to an unsuccessful assassination attempt where her apartment was set on fire, injuring two neighbors.
In September 1993, Felipe ordered the murders of Ismael Rios ("King J.R.") and the attempted murder of Ronnie Gonzalez ("King Ronnie") due to their refusal to follow his orders and their competition with Gabriel. The murders were executed in January 1994, after Felipe misled Rios and Gonzalez into believing their conflict was resolved. Rios was killed by Latin Kings, while Gonzalez escaped unharmed.
In early 1994, Felipe initiated a conspiracy to murder Pedro Rosario ("Pete Rock"), a rival inmate at Riker’s Island who had attacked Latin Kings members. Despite an initial order from the local leader, Jose Cruz, to retract the green light on Rosario, Felipe insisted on the assassination, asserting that challenges to the Latin Kings would result in severe consequences.
Evidence against Felipe included testimonies from accomplices, a target, law enforcement, forensic experts, and over 60 letters he wrote while incarcerated. Following a five-week trial that ended on November 19, 1996, Felipe was convicted on all 18 counts and sentenced to life imprisonment by Judge Martin on February 14, 1997. The court imposed stringent confinement conditions, including solitary housing, communication restrictions with co-defendants and Latin Kings members, monitored correspondence, and limited phone contact, due to concerns that Felipe would leverage privileges to orchestrate further violence.
On March 7, 1997, Felipe sought to vacate the sentence under Federal Rule of Criminal Procedure 35, aiming to eliminate the special confinement conditions. The court allowed limited communication with certain family members and a close attorney but denied the broader motion, emphasizing that the restrictions were necessary for the safety of potential targets given Felipe's history.
On August 5, 1997, Felipe applied to amend the special conditions of his incarceration, seeking permission to submit artwork and poetry to contests, write to prisoner rights agencies, correspond with spiritual advisors, and communicate with non-Latin Kings individuals. This request was denied based on concerns that he might misuse these privileges to encourage criminal activity. Felipe appealed the denial of his motion to modify conditions and the use of his prison correspondence in his conviction, arguing that his First and Fourth Amendment rights were violated. The district court had previously rejected his suppression motion, asserting that while prisoners' rights are limited, they retain constitutional protections. Citing Supreme Court precedents, the document emphasizes that prisoners may exercise First Amendment rights that do not conflict with legitimate prison regulations. It affirms that the interception of prison correspondence is permissible if prison officials have reasonable suspicion, linking this to the need for maintaining security and preventing illegal activities within the prison system. The case referenced, United States v. Workman, illustrated that surveillance of inmate mail can be justified when there is good cause, particularly related to preventing crimes.
Felipe, the leader of the Latin Kings, was under scrutiny by the DOC due to his recruitment activities, violations of prison mail regulations, and discussions of illegal acts, which provided reasonable grounds for intercepting his correspondence. He argued for suppression of the intercepted mail, claiming the DOC did not adhere to its own regulations requiring a written basis for mail inspection. However, a mere technical violation of these regulations does not necessitate suppression if there is sufficient justification for initiating a mail watch. The court referenced previous rulings indicating that failure to document the rationale for mail surveillance is a minor issue when a solid basis exists for the action.
Felipe's assertion that the DOC lacked "good cause" for intercepting his mail because officials allegedly did not read the contents was dismissed, as affidavits indicated that officials routinely reviewed the mail and authorized renewals based on information indicating Felipe's involvement in illegal activities threatening prison security. Additionally, while the Postal Service typically governs mail regulations, there are exceptions for correctional facilities, allowing them to inspect inmate mail per their rules. The court concluded that even if the DOC had violated Postal Service regulations, such violations do not warrant suppression unless they raise constitutional concerns. Therefore, the admission of Felipe’s correspondence into evidence during his trial was deemed appropriate.
Felipe contests the special conditions of confinement applied to him as part of his sentence, arguing that the district court lacked authority to impose such stringent conditions and that they violate his constitutional rights. Normally, conditions of confinement are set by the Attorney General through the Bureau of Prisons, as established by 18 U.S.C. § 3621, § 4001(b), and § 4042. However, under specific statutory authority, sentencing courts may impose conditions, such as those found in 18 U.S.C. § 3582(d), which allows limitations on the associational rights of defendants convicted of racketeering offenses. In Felipe's case, he was convicted of racketeering as the leader of the Latin Kings while incarcerated. The court found probable cause that he could use communication to orchestrate criminal activities, thus justifying the imposed conditions.
Felipe argues that the district court's order does not specify a particular individual with whom he cannot communicate, as required by § 3582(d), instead broadly prohibiting contact with all but close family members. While this interpretation of the statute is noted, the court maintains that it does not exceed the statute's intent. Given the complexities of identifying every member of a large, fluid racketeering organization, the court concluded that the conditions imposed were appropriate to prevent Felipe from continuing illegal activities from prison, aligning with the legislative intent of § 3582(d).
Conditions imposed on Felipe do not violate his constitutional rights. Restrictions that are "reasonably related to legitimate penological interests" are permissible under the Turner standard. This analysis is applicable to both Bureau of Prisons and district court-imposed restrictions. The Turner test considers: (1) the existence of a valid connection between the regulation and the governmental interest; (2) the availability of alternative means for the prisoner to exercise constitutional rights; (3) the impact on fellow inmates, staff, or resources; and (4) the existence of ready alternatives that do not infringe on rights.
In this case, the goal of preventing Felipe from orchestrating violence, both inside and outside prison, is a legitimate penological interest. The restrictions on his communication, which facilitated his criminal activities, align with this goal. Special administrative measures, which may include limiting communication privileges to ensure safety, are justified given the severity of potential threats posed by Felipe. Although the restrictions on his ability to associate and communicate are significant, they are deemed necessary for the protection of potential targets.
Felipe does have alternative means of communication, including contact with prison staff, his attorney, and five approved correspondents. He also retains the right to receive periodicals, allowing for limited exercise of his First Amendment rights.
The Court in Turner established that it is not necessary for prisoners to have alternative means of communication with inmates in other institutions as long as some means of expression are available. The decision highlighted that granting Felipe unrestricted communication could pose significant risks to both fellow inmates and the public, especially given his history of committing crimes while incarcerated. The Court supported the district court's assessment that Felipe would likely continue illegal activities if allowed to communicate freely.
The absence of viable alternatives to protect the public from Felipe's potential actions underscores the reasonableness of the prison's restrictions. Less restrictive options were deemed unsuitable, as Felipe's proposed solution—allowing monitored correspondence—was dismissed due to his past ability to bypass surveillance. The Supreme Court has previously recognized the difficulty prison officials face in monitoring inmate communications and upheld restrictions on inmate-to-inmate correspondence as constitutional.
Judge Martin's imposition of strict communication restrictions was seen as justified due to the unique and serious nature of Felipe's offenses, which included orchestrating murders from his cell. The district court retains jurisdiction to modify these conditions if circumstances change, having already done so twice in Felipe's favor. Felipe did not improperly lack notice or an opportunity for a hearing regarding his special confinement conditions, as the trial court's decisions were based on trial evidence and he had previously objected at sentencing. Overall, the imposed restrictions are deemed appropriate given the grave risks Felipe poses, including the possibility of ordering further violent acts while incarcerated.
Zulma Andino, also known as "Queen Zulma," emerged as the leader of the Latin Queens in late 1993 and was indicted alongside Luis Felipe and others for her involvement in criminal activities. She was implicated in two significant crimes: the murder of Islander Navaez, for which she confirmed a termination order issued by Felipe, and the beating of Annette Martinez, which she ordered due to Martinez's false claims of leadership within the Latin Queens. Andino pled guilty on October 10, 1996, to conspiracy to murder Navaez, conspiracy to assault Martinez, and using firearms in relation to the murder, with a maximum statutory sentence of 18 years derived from various U.S. Code sections.
During sentencing on March 7, 1997, Andino sought a downward departure based on health issues and psychological problems, but the district court denied this request and sentenced her to the full 18 years. On appeal, Andino argued that the court improperly imposed consecutive sentences for her offenses, claiming the firearm charge related to the murder could not be linked to the assault due to the time gap between the two incidents. However, this argument was dismissed because Andino had waived her right to appeal her sentence in her plea agreement. Furthermore, under U.S.S.G. 5G1.2, the imposition of consecutive sentences was mandated, as her total punishment necessitated this approach to align with the calculated sentence based on her offenses.
The combined statutory maximums for Andino's offenses totaled 18 years, which was less than the stipulated minimum of the Guidelines range, necessitating consecutive sentences for each of the three counts to which she pleaded guilty. The court referenced precedent (Loeb, 45 F.3d at 723) to support this requirement, noting the guideline range of 63 to 78 months exceeded the statutory maximum for any count, thereby mandating consecutive sentences to achieve the selected guideline sentence. Andino's second argument concerning the denial of her motion for a downward departure was also rejected, as such decisions are typically discretionary and not subject to appeal unless a legal error occurred or the court was unaware of its departure authority (United States v. Fernandez, 127 F.3d 277, 282). Andino did not claim any misapplication of the Guidelines or misunderstanding of her sentencing options, resulting in no grounds for relief. The court affirmed the convictions and the special conditions imposed on co-defendant Felipe.