United States v. Jose Ernesto Rodriguez, United States of America v. Octavio Leal-Cuen

I. FACTS

In about December, 1975, Hugo Riggi was approached by an acquaintance, Armando Rios, who asked if Riggi was interested in buying cocaine. Riggi reported the incident to the Drug Enforcement Administration (“DEA”) and subsequently agreed to become a paid informant. Pursuant to instructions from the DEA, Riggi contacted Rios to discuss the purchase of four to five pounds of cocaine. Several discussions were held, many of which were recorded. A sample was passed. But, ultimately, Rios informed Riggi that he would be unable to proceed with the deal.

On January 26,1976, Rios told Riggi that he would introduce him to a friend who had been involved in the cocaine business for quite some time. Rios directed Riggi to an apartment complex where Riggi met Ernesto Rodriguez. Again, discussions were held. The next day, a sample was passed (from Rodriguez to Riggi via Rios), but the sale was never completed.

However, Riggi later arranged with Rodriguez to have one of Riggi’s “buyers” (in reality DEA Agent Joseph Parra) speak with him. On January 31, 1976, Riggi telephoned Rodriguez and introduced him to Parra. A discussion, which was recorded, ensued wherein Rodriguez made…