United States of America v. Roberto Lopez Rivera, also known as “Raton”

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
July 22, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 02-50581
_____________________
UNITED STATES OF AMERICA
Plaintiff – Appellee
v.
ROBERTO LOPEZ RIVERA, also known as “Raton”;
JOSE ABEL RODRIGUEZ; HUGO VILLARREAL-SOLIS,
also known as “El Pecho de Oro”
Defendants – Appellants
_________________________________________________________________
Appeals from the United States District Court
for the Western District of Texas
No. SA-01-CR-314
_________________________________________________________________
Before KING, Chief Judge, and HIGGINBOTHAM and BARKSDALE, Circuit
Judges.
PER CURIAM:*
Defendants-Appellants Roberto Lopez Rivera, Jose Abel
Rodriguez, and Hugo Villarreal-Solis appeal their convictions for
crimes related to the ongoing operation of a large marijuana

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distribution organization. Rivera was convicted of one count of
murder, as well as counts related to conspiracy to possess and
distribute marijuana and firearms violations. Rodriguez was
convicted of two counts of murder, along with marijuana
conspiracy, firearms, and money laundering offenses. Finally,
Villarreal (the leader of the group) was convicted on three
counts of murder and multiple counts of conspiracy to possess and
distribute marijuana, firearms offenses, and money laundering.
Each defendant received a sentence of life in prison plus
additional time.
Each of the defendants has raised numerous issues on appeal,
all of which have been briefed comprehensively by such
defendant’s counsel and by the government. We have heard
argument, and we have reviewed such portions of the record as
necessary to address the points raised by the defendants. There
is no reversible error in the conviction or sentence of any
defendant, and the evidence is more than sufficient to support
the convictions.
Defendants Villarreal and Rodriguez have also filed motions
to remand this case for an evidentiary hearing to determine
whether the government at trial failed to turn over evidence
required by Brady v. Maryland, 373 U.S. 83 (1963), and the Jencks
Act, 18 U.S.C. § 3500 (2000). These motions are denied without
prejudice to the right of the defendants to raise the issues

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addressed in the motions in a proceeding under 18 U.S.C. § 2255
for collateral relief from conviction.
The judgment of conviction and sentence of each defendant
are AFFIRMED. All pending motions are DENIED.

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