Santos was a seaman aboard the Euro Columbia. The ship was in port in Columbia. A drug dealer gave Santos sixteen packages of cocaine totaling eight kilos and asked Santos to deliver them in Puerto Rico. Santos was working for American law enforcement. On arrival, he performed as instructed and went to a Hotel and asked for M. Palestino. Zavala (D) appeared and told Santos that he was a friend of Palestino and that Palestino would come to the hotel. D suggested that Santos go to a room in the hotel. When Palestino did not come, Santos became worried. Eventually, Santos put the cocaine in the closet of the room, and he and D left but were then arrested by drug enforcement agents. The agents tried to lure Palestino to the hotel but were unsuccessful. They then arrested two men in the hotel they believed were Palestino and his driver, but neither was charged. D was charged and convicted of one count of possession of cocaine with intent to distribute. D appealed.

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