Jesus Villasenor and Mario Gomez made a deal to sell heroin to a pair of individuals who were an FBI agent and an FBI informant. The parties made the deal at a restaurant. They then went to Villasenor's van, which was parked outside. D was sitting in the van in the driver's seat. Villasenor went to the rear of the van looking for something. The parties were speaking Spanish. Villasenor asked, 'Where is it?,' and D pointed to an area and said, 'Over there.' Villasenor came up with a plastic bag and opened it. D remarked about the odor coming from the bag. After the informant declared the substance in the bag to be heroin, D may have commented, 'The best.' D was convicted of aiding and abetting possession with the intent to distribute. D appealed.

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