United States v. Maria Vera Santos Gonzalez
Opinion
Opinion
Appellant Maria Santos Gonzalez appeals from a conviction of possession of heroin with the intent to distribute (count I) and distribution of heroin (count II) in violation of 21 U.S.C. § 841 (a)(1) (1976). We affirm.
Gonzalez was indicted with a co-defendant, Palafox. Palafox communicated with a Drug Enforcement Administration agent about a sale of heroin while Palafox was incarcerated. Over a period of several months, Palafox, Gonzalez and the Drug Enforcement Administration agent negotiated the delivery of the heroin. When Palafox was released from prison, only he and the agent continued negotiations.
On September 13,1982, Palafox, Gonzalez and the agent met to consummate the sale. The agent asked for a sample of the heroin, and Palafox removed a package from under the dashboard of the car. He bad difficulty opening the package, so Gonzalez handed him a fork, which he used to punch a hole in the wrapping. Palafox and the agent went to the agent’s car, where the agent took a sample of the heroin. The agent then triggered the arrest of Palafox and Gonzalez and recovered the bulk of the 124.58 grams of heroin from Palafox’s car.