Jesus Enrique Noriega v. United States

Noriega appeals from his conviction on five counts of a five-count indictment charging violations of federal narcotics laws arising out of two separate transactions involving cocaine. Appellant stands convicted on two counts of violating 21 U.S.C. § 174 (Sale or Facilitation of the Sale of Unlawfully Imported Cocaine) and three counts of violating 26 U.S.C. § 4705 (a) (Transferring Cocaine Without a Written Order Form). He received a five-year sentence as to each count with all sentences to run concurrently. We affirm.

Appellant contends that there is insufficient evidence to prove that he had knowledge of the illegal importation of the cocaine which he is charged with selling in violation of 21 U.S.C. § 174 . He argues that the only evidence of his knowledge is the testimony of a narcotics agent as to statements made to him by co-defendant Revuelta over the telephone concerning the foreign origin of the narcotics. Appellant further argues that this testimony was admitted into evidence without a proper foundation being laid as to the identity of the party with whom the agent conversed.

Appellant presents no challenge to his conviction under 26 U.S.C. § 4705 (a). As this court…