United States v. Ortiz

966 F.2d 707 (1992)

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Nature of the Case

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Facts

Izquierdo, a DEA agent, using a confidential informant (CI) as a conduit, arranged to buy a half kilo of cocaine from Llanos. Llanos asked Izquierdo and the CI to come to his house. They refused. Llanos then left to retrieve the cocaine, promising so they could meet later that evening in a parking area adjacent to a fast-food restaurant. On the way home, Llanos flagged down a passing car operated by Nunez (D). The two men spoke. They then proceeded to Llanos' house, each driving his own automobile. They eventually drove to the restaurant in Llanos' car with Llanos behind the wheel; Nunez (D) was ensconced in the right front seat. When Llanos' car stopped, Izquierdo and the CI approached the open window on the passenger's side. They began to rehash the terms of the deal with Llanos right through Nunez (D). Llanos said that he had brought a package containing a kilogram of cocaine. Izquierdo protested as that was too much. Llanos and Nunez (D) went back to his house, cut the drug, reweighed it, and return with a half kilogram. Nunez (D) confirmed that he and Llanos would have to reduce, recalibrate, and repackage the contraband. Llanos returned with Nunez's (D) brother-in-law, defendant Ortiz (D). An opaque plastic sack lay in the front seat between them. Izquierdo approached on the driver's side and began discussing the purchase with Llanos. After inspecting the bag's contents and engaging in a brief conversation Izquierdo left to get the money. DEA agents arrested Llanos and Ortiz (D). Ortiz (D) was carrying a beeper. Ds were charged with aiding and abetting Ds were convicted and appealed.