United States v. Nelson Guzman

Nelson Guzman appeals his conviction for conspiracy to manufacture, distribute, and possess cocaine with intent to distribute, aiding and abetting an attempt to manufacture cocaine, and aiding and abetting possession of cocaine with intent to distribute. He alleges that the conspiracy count subjected him to double jeopardy, based on his conviction in an earlier trial for conspiracy to possess cocaine with intent to distribute; that evidence seized in a search of his apartment should have been suppressed because his wife did not have apparent authority to consent to the search; and that the deportation of a material witness deprived him of a fair trial. We affirm.

FACTS

In November 1984, Henry Turley, a rancher in Tuolumne County in rural eastern California, entered into a conspiracy with numerous Colombian nationals to manufacture and distribute cocaine. Tur-ley offered his ranch as a lab site to process 500 kilograms of cocaine base into cocaine hydrochloride. Guzman and another member of the conspiracy delivered forty drums of ether to the ranch in early June 1985. In mid-July, accompanied by yet another conspirator, Guzman delivered additional lab supplies to the ranch. In…