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Criminal Law Keyed to Kennedy
United States of America v. Diaz
Citation:
864 F.2d 544 (1988)Facts
A DEA agent purchased cocaine from Carmen Diaz (no relation to the defendant) and Perez on July 23, 1987. There was no testimony that the defendant was involved in this sale. Perez was just beginning to deal in drugs and contacted Rodriguez in an effort to find a supplier of cocaine. Rodriguez testified that he knew somebody who could “help [Perez] out” and arranged a meeting between himself, Perez, and defendant. After the meeting, defendant agreed to supply drugs to Perez.
On August 21, 1987, and again on September 3, 1987, Perez sold two ounces of cocaine to DEA Agent Patricia Collins. Perez testified that he obtained these drugs from defendant. Although defendant was not present for either sale, Perez testified that the second sale occurred a half-block from defendant’s house so that he could see the buyer. Rodriguez and Perez also testified that they dropped the money off at defendant’s house after the second sale.
On September 9, 1987, Perez, Rodriguez, and Peirallo went to a designated location to meet with defendant to sell one kilogram of cocaine to Agent Collins. Once Agent Collins arrived, Peirallo told Perez that he had a gun that he intended to use if anyone tried to steal the drugs. Perez tookk the drugs to Agent Collins and then gave the arrest signal.
The defendant was convicted carrying a firearm during the commission of drug trafficking. The government did not submit evidence at trial that he was armed. Rather, it contended that Peirallo’s carrying of a firearm could be imputed to the defendant because of their joint membership in the conspiracy.
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