United States of America v. Elias Xavier Rosario Torres, Veronica Estafania Rodriguez Pinuela

Tampa, Florida criminal defense lawyer represented the Defendant charged with conspiracy to distribute drugs.







In 2022, a grand jury charged Torres and Pinuela each with

(1) conspiracy to possess with intent to distribute 500 grams or

more of cocaine and fentanyl, in violation of 21 U.S.C.

§§ 841(b)(1)(B), (C), and 846 (Count One); (2) possession with

intent to distribute 500 grams or more of cocaine and fentanyl, in

violation of 21 U.S.C. § 841(b)(1)(B), (C) (Count Two); and

(3) possession of firearm (here, a machine gun) in furtherance of a

drug-trafficking crime, in violation of 18 U.S.C.

§ 924(c)(1)(A), (B)(ii) (Count Three). Additionally, the grand jury

charged Torres with possession of firearm by a convicted felon, in

violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) (Count Four).



Prior to trial, Pinuela filed a motion to suppress the

evidence, which had been seized during a traffic stop. She alleged

the following facts in her motion. On the day of the traffic stop,

she, her uncle, and Torres were driving to dinner. On the way,

they stopped at a gas station because Torres needed to meet up

with someone. Law enforcement was present at the gas station

and recognized Torres from a prior investigation. They observed

that Torres appeared to have a marijuana cigarette tucked behind

his ear. After Torres met privately with another driver, Pinuela,

her uncle, and Torres left the gas station and proceeded to head to

the restaurant. Police followed the vehicle for 13 miles before

observing Pinuela's SUV enter a "turn only lane” for a hotel and

"then proceed straight through the emergency lane rather than

turn.” She then continued west and entered another turn only

lane, turned, and entered the restaurant parking lot. Police

approached her vehicle as she was parking, and observed Torres

"actually smoking the possible mari[j]uana cigarette and officers

could smell the odor of what they believed to be burning

mari[j]uana.” Torres claimed that he had a medical marijuana

card, but he was unable to produce it. Torres was then handcuffed

and detained.



After removing Torres from the vehicle, the police removed

two bags from the passenger side floorboard, and Pinuela claimed

that the bags were hers, and asked the officer why he was reaching

into her car and taking things without her permission. Drugs, a

gun,1 and ammunition were discovered in the bags. Torres then

started proclaiming Pinuela's innocence and contending that the

bags and contents were his.



Pinuela argued that law enforcement lacked probable cause

to stop her and to search the bags, noting that (1) officers followed

her for 13 miles before any alleged traffic violation occurred, and

she was never given a traffic ticket or warning for the alleged

moving violation; and (2) it was not illegal under Florida law to

smoke hemp, which smells the same as marijuana.

Torres was sentenced to 456 months. This term consists of a 96-month term as to Counts One, Two, and Four, to run concurrently; and a 360-month term as to Count Three, to run consecutively to Counts One, Two, and Four. SUPERVISED RELEASE: 5 years. This term consists of a 5-year term as to Counts One, Two, and Three, and a 3-year term as to Count Four, all such terms to run concurrently. FINE: Waived. SPECIAL ASSESSMENT: $400.00 total.



Affirmed