United States v. Luis Rodolfo Zavala-Serra, United States of America v. Maria Novoa Cruz

The district court found appellants Luis Rodolfo Zavala-Serra (Zavala) and Maria Novoa Cruz (Novoa) guilty of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 . Zavala was also convicted of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1). In this consolidated appeal, Novoa challenges her conviction, arguing that the district court erred in admitting co-conspirator statements against her and that there was insufficient nonhearsay evidence to sustain her conviction. Zavala challenges the constitutionality of the statute under which he was sentenced. We affirm.

I

Novoa was charged with conspiracy to distribute cocaine and with possession with intent to distribute cocaine in violation of federal narcotics laws. She was convicted of the conspiracy charge and acquitted of the possession charge. The evidence demonstrated that Novoa conspired with Zavala and others to import a large shipment of cocaine into Hawaii. Miller, a government informant, testified that Zavala made various statements during the course of the conspiracy identifying Novoa as the source of the cocaine. On one occasion, Zavala told Miller that he anticipated…