## Facts

- Federal prosecutors charged Luis Salgado (also known as “Wicho”) and Wilfredo Jambu with (1) conspiracy to possess with intent to distribute cocaine and (2) possession with intent to distribute five kilograms of cocaine.
- A cocaine distribution network operated between Miami, Florida and Louisville, Kentucky, using a silver Ford Mustang to transport cocaine hidden in the vehicle.
- A Louisville buyer was arrested after a cocaine purchase and then cooperated with law enforcement, making monitored calls to arrange a subsequent purchase.
- A controlled transaction was arranged for May 1, 1998, for five kilograms of cocaine at $22,000 per kilogram.
- Telephone toll records reflected numerous calls between Salgado and a Louisville distributor and additional calls between a phone registered to Jambu and Salgado’s cellular phone in the days leading up to May 1.
- Surveillance and call timing placed Salgado in Louisville on May 1 and linked his movements to meetings associated with the planned delivery; agents also observed Salgado and Jambu together at key times that day.
- A search of the Mustang’s rear bumper area revealed a hidden compartment containing approximately five kilograms of cocaine.
- A cooperating co-conspirator testified about Salgado’s role as transporter and Jambu’s assistance, and the government corroborated that account with surveillance, phone records, and the cocaine seizure.
- A jury convicted both defendants on both counts; each received 121 months’ imprisonment, and both appealed.

## Issues

1. Whether telephone-company toll records and computer-generated printouts were properly admitted under the business-records exception, Federal Rule of Evidence 803(6), when the sponsoring witness could not explain the computer system’s technical operation or error-prevention mechanisms.
2. Whether the evidence was sufficient to support convictions for conspiracy and possession with intent to distribute.
3. Whether the district court committed reversible error in applying the Sentencing Guidelines, including drug-quantity findings.

## Decision

- The court of appeals affirmed both convictions and sentences.
- The court held that the telephone toll records and related computer printouts were admissible as business records under Rule 803(6).
- The court concluded the trial evidence, including co-conspirator testimony, surveillance, call records, and seizure of five kilograms of cocaine, was sufficient for a rational jury to convict both defendants on both counts.
- The court upheld the district court’s guideline calculations, including attributing at least five kilograms of cocaine to each defendant.

## Legal Principles

- Business records under Federal Rule of Evidence 803(6) may include computer-generated records and printouts when a qualified witness establishes the records are made and kept in the regular course of business and relied upon by the business (including for billing).
- The sponsoring witness need not possess technical knowledge of the computer system’s internal operation or error-checking procedures; familiarity with the record-keeping practices and routine reliance may supply sufficient reliability for admission.
- Sufficiency of the evidence is reviewed in the light most favorable to the prosecution; a conviction stands if any rational juror could find the essential elements beyond a reasonable doubt based on the full record.
- Sentencing fact findings, including drug quantity attributable to a defendant, are reviewed for clear error and will be upheld when supported by the record.

## Conclusion

The Sixth Circuit affirmed the defendants’ convictions and 121-month sentences for cocaine conspiracy and possession, holding that telephone toll-record printouts were properly admitted as Rule 803(6) business records based on routine creation and reliance, even without technical testimony about the computer system, and that the remaining evidence supported the jury’s verdicts and the district court’s guideline determinations.


United States v. Salgado, 250 F.3d 438 (6th Cir. 2001)