United States v. Alberto Castro Sanchez, United States of America v. Edward Bernal Ruiz

These two appeals arose out of the same factual situation. Although tried together, they were appealed separately but were consolidated for oral argument before this court. We decide them together.

Drug Enforcement Agent Lugo contacted Sanchez about the purchase of narcotics. They had had prior dealings. Following some discussions, Sanchez set up a meeting with Lugo, one Yourgules and codefendant and appellant Ruiz for the purpose of effecting a sale of narcotics. According to the plan, Yourgules was to deliver the drugs. When he arrived, he was accompanied by an informant named Toscano, Ruiz and a nine-year-old child. Ruiz and Your-gules were arrested at this time and Sanchez was arrested sometime later. Quantities of opium and heroin were found in the Yourgules automobile. A statement was attributed to Yourgules that his source would be present. Ruiz made no statements nor was he ever identified by Your-gules or Sanchez as the source of the drugs. There was also evidence that Ruiz at one time had in his possession a bag containing opium.

Sanchez was indicted in count one under 21 U.S.C. §§ 841 (a)(1), 846 for conspiracy to possess with intent to distribute opium and…