United States of America v. Rafael Angel Zavala Maldonado

Facts

Ruben Santos, a seaman, was approached by American law enforcement agents attached to the Customs Service and and was given cocaine, with the approval of the agents, who intended to track the drugs to their destination. Santos, under surveillance by federal agents and cooperating local police, went to a hotel and asked at the front desk for Mr. Palestino. These last two steps complied with the instructions given to Santos by the dealer who had given him the cocaine, to deliver it to Palestino, at the Hotel Melia in Ponce.

When the clerk called from the desk to the room registered to Palestino, the defendant appeared instead and gestured to Santos to follow him to room 302. Santos told the defendant that the drugs were for Palestino. The defendant said he was a friend and that he would call Palestino.

As time passed and Palestino still did not arrive, Santos became increasingly anxious and he proposed to the defendant that they go out of the room for a soda. The defendant agreed, and Santos placed the bag with the cocaine in a closet or dressing room in room 302. As they went down the stairs, the supervising customs agent detained them.

The defendant was found guilty of possession of cocaine with intent to distribute. He appealed, arguing that the evidence was insufficient to support the conviction because it did not prove possession.