United States of America v. Cristian Cabera-Rivas, /k/a Christian Cabrera-Rivas, a/k/a Christian Alberto Lopez

Charlotte, North Carolina criminal defense lawyer represented the Defendant charged with one count of conspiring to possess and distribute over fifty grams of methamphetamine and one count of possessing over fifty grams of

methamphetamine with intent to distribute. See 21 U.S.C. §§ 841, 846.



Cabrera-Rivas grew up in Honduras. His formal schooling ended in third grade; he

started working at age seven. He likely has a learning disability, and he doesn't speak

fluent English. In the years before his arrest, Cabrera-Rivas lived and worked in Charlotte,

North Carolina. By 2018, he had a side business peddling powder cocaine—and knew

others who sold meth.



That year, Cabrera-Rivas met a man who introduced himself as "Hector.” Hector

was a confidential informant for the Department of Homeland Security. Hector's handler

at DHS was Agent Ubaldo Rios.



In January 2019, Hector met Cabrera-Rivas again. Over the course of fourteen

recorded phone calls, they negotiated a methamphetamine deal. In his first recorded call,

Cabrera-Rivas claimed he knew a meth dealer—a "dude from Texas”—who would bring

Hector whatever Hector wanted to buy. S.A.3

$12,000 per kilogram of crystal meth, represented that price as "the deal” that he had, and

offered to sell Hector five kilos. S.A. 2, 4.



Cabrera-Rivas called back half an hour later. His contact had said that five

kilograms was "too many” and that his contact would arrive with two kilos to start. S.A. 6.

Hector asked for a bulk discount. Cabrera-Rivas responded that Hector should buy the two

kilograms first; Cabrera-Rivas, apparently, could "get the dude to come down on the price”

"later.” S.A. 7. The next evening, Cabrera-Rivas told Hector that his "dude confirmed”

the sale. S.A. 18.



The morning of the deal, Cabrera-Rivas called to arrange his meeting with Hector.

Cabrera-Rivas vouched for his contact, who'd "always been straight” with him, and he said

his contact had "told [him] that if you're straight with him like [Cabrera-Rivas was], he'll

work with you whenever you want.” S.A. 24.

Hector and Agent Rios met Cabrera-Rivas in their chosen restaurant. Rios asked

whether the product was good. Cabrera-Rivas responded that Rios could "look at it now.

And you will see that I haven't touched it. Truth be told, I was just giving [my contact] a

hand.” S.A. 27.



Hector, Cabrera-Rivas, and Agent Rios walked outside, where they met the contact,

Marco Ramos-Garcia. Ramos-Garcia was sitting in a minivan with his wife, Sylvia

Hernandez, and their children. Rios greeted Ramos-Garcia and asked to see the product.

Ramos-Garcia opened his driver-side door, and Hernandez passed a white garbage

bag up to Rios. Inside the bag were two plastic Tupperware containers. Rios popped one

open to examine the meth inside.4



After approving of the crystal meth, Agent Rios asked Ramos-Garcia how to order

more. Ramos-Garcia responded that "[h]owever you want to order, you just let me know

with the guy and that's it.” S.A. 41. Rios pulled Cabrera-Rivas aside to fetch the money

for the deal and asked Cabrera-Rivas how often their deals could take place. Cabrera-Rivas

answered that "we will” provide some "every 15 days or every week. . . . If you want, I'll

send this guy right now.” S.A. 42.



Just then, the police arrived. They ordered Cabrera-Rivas to "get on the ground,”

but Cabrera-Rivas took off "running toward the restaurant,” where police apprehended

him. J.A. 302. The police seized $3,359 in cash from Cabrera-Rivas and took custody of

the two plastic tubs, which contained nearly pure meth.

Later that day, Cabrera-Rivas was interviewed by police officer Michael Vargas.

Although the interview was recorded, it was automatically erased after seven days without

being "burned onto a CD in time.” J.A. 342. Officer Vargas later recalled that Cabrera-

Rivas said he'd met Hector about a week before. As Vargas remembered things, Cabrera-

Rivas said Hector had asked him how to buy some meth, and Cabrera-Rivas responded that

"he knew someone that could” provide some. J.A. 348. In that interview, Cabrera-Rivas

called himself "a facilitator for the deal.” J.A. 348.

A jury found Cristian Cabrera-Rivas guilty of two drug offenses arising from a meth deal gone awry.



Affirmed.