United States v. Jesus Perez, United States of America v. Casimiro Rochin, United States of America v. Maria Creselda Lombera

This is a consolidated appeal by defendants-appellants Jesus Perez, Casimiro Rochin, and Maria Creselda Lombera from their jury convictions for conspiracy to possess and distribute heroin, in violation of 21 U.S.C. § 846 , and possession with intent to distribute and distribution of heroin, in violation of 21 U.S. C. § 841(a)(1).

Statement of Facts

The evidence, viewed in the light most favorable to the Government, may be summarized as follows:

On December 5, 1972 Sergeant Jose Villalba of the Los Angeles Police Department met in Oxnard, California with Alvaro Lombera, who was indicted, but not tried, with appellants. Villalba, acting in an undercover capacity, indicated that he was interested in buying a large quantity of heroin. Lombera informed him that “their” supply was low and that “they had only eight ounces available.” Lombera agreed to sell Villalba one ounce of heroin, as a sample, for $1,000.

Lombera instructed Sergeant Villalba to remain at their meeting place, stating that he would return in a half hour. Lombera went to his residence, which was then under police surveillance, and was met there by appellant Rochin. A few moments later Lombera drove Rochin’s…