United States v. Hector Ricardo Pico-Zazueta

Hector Ricardo Pico-Zazueta (Pico) has appealed from a judgment of conviction-, following a jury trial, of conspiracy to possess and possession with intent to distribute a controlled substance (cocaine), in violation of 21 U.S.C. §§ 841 (a)(1) and 846. He contends that the court failed to give the jury proper instructions on the issue of entrapment.

Juan Armando Alvarez-Mendivil (Alvarez) and Cesar Martinez-Meza (Martinez) were charged as co-defendants. Each pleaded guilty and appeared as a witness for the Government in the case against Pico.

In March, 1976, Gonzalo Marquez, also known as Rudy Lopez, a government informant, traveled from Texas to Calexico, California, where he first met Alvarez. A few days later, in response to questioning as to what he was doing in Calexico, Marquez replied that he was looking for a kilo of cocaine. Marquez returned to Texas the following day, after exchanging telephone numbers with Alvarez.

Pico, the only witness for the defense, testified that he and Alvarez were friends, and that Alvarez approached him with the suggestion of selling cocaine to a man named Rudy Lopez, whom Alvarez had met in Calexico. Pico admitted he was receptive to making…