United States v. Reynaldo Ramirez-Rodriquez

Appellant was convicted of possession with intent to distribute cocaine [ 21 U.S.C. § 841 (a)], a narcotic substance under Schedule II, Title 21, U.S.C. § 812 . The sole issue presented is whether there was sufficient evidence to establish intent to distribute. We find that there was and affirm.

Appellant is an inmate at McNeil Island federal penitentiary. Parks, an Assistant Food Administrator there, observed appel lant crouching behind a dough-mixing machine in the bakery. Parks approached and ordered appellant to come out and hold out his hands. A piece of paper fell to the floor and appellant wiped off a spoon in his hand. When ordered to come to Parks’ office, Ramirez started “moving stuff around” behind the mixer. Parks observed a paper towel and some cellophane wrappings, one of which contained 13.74 grams of 30% pure cocaine and the other contained 25.66 grams of procaine, a non-controlled substance used to dilute cocaine. A spoon, two needles, and a syringe were also found behind the mixing machine.

A veteran corrections officer testified that most contraband found in the prison came to his attention. He said that he did not know the value of the seized narcotics but…