United States v. Abel Leopoldo Bautista and Rene Jose Monsivais

A jury, viewing the evidence in the light most favorable to the Government, might reasonably have found from the evidence that:

On August 6, 1973, Agent Chretien of the Drug Enforcement Administration, in the company of an informant named Taylor, waited in a car near a public park in Oxnard, California. A truck, with Defendant Bautista driving and Defendant Monsivais in the passenger seat, drove by. It did not stop, circled the block, and drove by again in about five minutes. At that time Defendant Bautista motioned to Chretien and Taylor and shouted “follow me.” Bautista, with Chretien following, drove to an open field and parked. Taylor, who had previously been searched with negative results, left the Chretien car and went to the truck, talked briefly with Monsivais, and returned to the Chretien car. Taylor procured $650.00 in marked bills from Chretien, which he then delivered to Monsivais, and engaged in some conversation with Bautista. . When Taylor returned to the Chretien car Chretien then drove to a “Stop” sign some distance from the meeting place, and at the base of the sign discovered the heroin which is the subject of Counts 2 and 3 of the indictment.

On…