United States v. Alfonso Bernal

Alfonso Bernal was convicted of conspiracy to possess and distribute cocaine ( 18 U.S.C. § 371 , 21 U.S.C. § 841 (a)(1)), attempt to distribute cocaine ( 18 U.S.C. § 2 , 21 U.S.C. §§ 841 (a)(1), 846), and unlawfully carrying a firearm during the commission of a felony ( 18 U.S.C. § 924 (c)(2)). Concurrent sentences were imposed. We affirm the drug convictions but reverse the firearm conviction.

I. STATEMENT OF FACTS

On January 21, 1980, agents from the Drug Enforcement Administration (DEA) arranged for Bertram Brucker, a paid informant, to purchase one pound of cocaine from Victor Corsey in Las Vegas. Two DEA agents waited outside the house and acted as if Brucker was buying the cocaine for them. Other agents set up surveillance around the Corsey residence.

When Brucker went in to see Corsey, Corsey told him that he did not have cocaine but that he would try to contact his connection. Corsey then made some telephone calls and told Brucker that he should return in an hour to pick up the cocaine.

DEA agents then followed Corsey as he drove to Bernal’s home, picked up Bernal, and drove back to his own residence. Corsey went back in his house, apparently carrying a small bundle…