United States v. Miguel Lopez Valencia AKA Enrique Carillo-Vasquez, United States of America v. Flavio Duarte

Valencia, Duarte, and Del Real were indicted for conspiracy to distribute heroin and cocaine in violation of 21 U.S.C. § 846 (Count One) and for distribution of heroin in violation of 21 U.S.C. § 841 (a)(1) (Count Two). A superseding indictment additionally charged Valencia with unlawfully carrying a firearm in the commission of a felony in violation of 18 U.S.C. § 924 (c)(2).

Del Real pled guilty to Count Two of the indictment, and the court took under submission the government’s motion to dismiss Count One. The motion was subsequently granted. Valencia and Duarte were found guilty of Counts One and Two and Valencia was found guilty of the firearm count. Valencia and Duarte appeal and we affirm.

I

Del Real told Barrera, a paid government informant with a history of narcotics and drug-related offenses, that Del Real had a friend who was selling heroin and cocaine. Barrera called Del Real the next day and arranged a meeting for the purpose of obtaining samples of the drugs. Barrera and special agent Loya of the Drug Enforcement Administration (DEA) met with Del Real and obtained samples of heroin and cocaine. The discussions with Del Real were tape recorded with the approval and…