Esquivel-Ortega

BACKGROUND

From late 2001 to the end of 2002, agents of the federal Drug Enforcement Agency (“DEA”) based in Seattle, Wash- ington, were investigating a drug conspiracy. Pursuant to this investigation, agents intercepted calls on a telephone belong- ing to Pedro Sanchez. DEA agents learned from these calls that a white minivan containing drugs would be traveling from southern California to Sanchez’s home in Auburn, Washington, on September 29, 2002. DEA agents asked offi- cers from the Renton, Washington, police department for their help in apprehending the vehicle.

Around 6:00 p.m. on September 29, 2002, DEA agents lis- tening to telephone calls on Sanchez’s phone heard a conver- sation between Sanchez and a “Hispanic male in the vehicle,” giving the vehicle directions to Sanchez’s residence. DEA agent Scott Smith saw a vehicle that fit the description travel- 1 Because we reverse Esquivel’s convictions on the basis of the insuffi- ciency of the evidence, we do not reach his arguments that the district court erred in giving a deliberate ignorance instruction to the jury, and that the government engaged in misconduct by making improper comments in its opening and closing…