United States v. Wilmer Romero


NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 19-1785 UNITED STATES OF AMERICA v. WILMER CHAVEZ ROMERO, a/k/a Charmin, Appellant Appeal from the United States District Court for the District of New Jersey (D.C. Criminal Action No. 2-16-cr-00495-001) District Judge: Honorable William H. Walls Submitted Under Third Circuit L.A.R. 34.1(a) May 27, 2020 Before: AMBRO, HARDIMAN, and RESTREPO, Circuit Judges (Opinion filed: July 9, 2020) OPINION * AMBRO, Circuit Judge * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Wilmer Chavez Romero was a manager and “strong arm” for an extensive prostitution business that employed undocumented women. A jury convicted him on eight counts of federal crimes, and the District Court sentenced him to life plus 240- months’ imprisonment. He appeals to us, claiming that the Court should not have denied his motion to suppress his statements to law enforcement and there was insufficient evidence for one count of conviction: conspiracy to harbor aliens. As both claims fail, we affirm his convictions. I. Background A. Factual background Chavez Romero was indicted for his participation in the operation of a network of brothels in New Jersey. At trial it was shown that the brothels employed undocumented women, who were paid in cash, forced to rotate among various houses, and banned from leaving these houses without permission. Chavez Romero worked for Juan Freddy Hernandez-Zozaya and Elizabeth Rojas, who operated the network. His duties included managing houses in Bridgeton and Lakewood, advertising them by handing out business cards, and ensuring, often through violence, that other brothels in the areas did not encroach on his group’s business. Chavez Romero began working for Hernandez-Zozaya and Rojas because of his immigration status. Born in Nicaragua, he came to the United States in 1992 at the age of three. He maintained permanent resident status until 2011, when he found he could only afford to apply for citizenship or renew his green card. He chose to apply for citizenship, but his application was ultimately unsuccessful due to his arrest in 2012. After stumbling 2 upon an employment opportunity found on Facebook, Chavez Romero started work at the Lakewood brothel. Eventually, he moved to the Bridgeton location. During this time, he was involved in at least two robberies of competing brothels that resulted in the murders of two caretakers. B. Procedural background On November 30, 2012, New Jersey State Police officers searched the Bridgeton brothel, which Chavez Romero managed at that time. They found a firearm on the property and detained Chavez Romero. Waiving his Miranda rights, he agreed to cooperate with local authorities and gave a recorded statement to Detective Frank Sabella. The District Court quoted Sabella as stating the following at the end of the interview: I think you have a lot to offer and, in turn, opportunities will be given to you . . . but like I said, I make no promises, I can’t. I am not in that ...

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