United States v. Rafael Sandoval-Villalvazo

Sandoval-Villalvazo (Sandoval), who was convicted of violations of the narcotic laws, appeals.

Viewing the evidence in the light most favorable to the United States and drawing permissible inferences from the facts, the trial court could have found as follows:

On October 31,1978, codefendant Rosales, by telephone, advised Sepulveda, an undercover Drug Enforcement Administration (DEA) agent, that he had a source and could deliver approximately 15 ounces of heroin on the following day. On the next day Sepulveda and other agents went to a Skaggs parking lot in Santa Ana. Sepulve-da called Rosales, told him where he was, and then waited. At approximately 5:00 P. M. Rosales appeared at the parking lot in a red pickup driven by codefendant Velasquez. In the course of a conversation, Rosales indicated to Sepulveda that they weren’t having any success in finding the source — the owner of the merchandise. Rosales then pointed to Velasquez and said, “He is going to call him now.” Velasquez left. Sepulveda then took Rosales to the undercover truck and showed him the money with which the purchase would be made. Velasquez reappeared and said he couldn’t find “the man.” Rosales then said,…