United States v. Ruben Miranda-Uriarte, United States of America v. Javier Miranda-Beltran

On April 10, 1980, appellants Uriarte and Beltran, together with Israel Parra-Rojo (Parra), were jointly indicted on Count I for conspiracy to distribute heroin and on Count II for possession with intent to distribute heroin. Additionally, Parra was indicted on Count III for a violation of 21 U.S.C. § 843 (b) (telephonic communication for facilitating the commission of a felony), and Beltran was charged in Count IV with unlawfully carrying a firearm during the commission of a felony in violation of 18 U.S.C. § 924 (c)(2). The case was tried before a jury in late June, 1980. The firearm allegation was dismissed at the close of all the evidence. The jury returned guilty verdicts on all remaining counts against the defendants. On July 21, 1980, Uriarte and Beltran were sentenced to five year terms on Count I and five year terms on Count II with a special parole term of three years as to Count II. The sentences were ordered to run concurrently. Each appellant appeals from his judgment of conviction and sentence.

FACTUAL BACKGROUND

Gregorio Nunez (Nunez), who has been an undercover informant for the Drug Enforcement Administration (DEA) for the last seven years, testified at trial…