United States v. Deborah Ann Sonido Baron, AKA Debbie A. Sonido, AKA Debra Ann Sonido

Debra Baron appeals her conviction of possession with intent to distribute cocaine and conspiracy to do the same. We affirm the conviction but remand for resentencing.

I

BACKGROUND

In June, 1986, during a routine inspection, United Parcel Service employees in Miami, Florida discovered roughly 350 grams of cocaine with an estimated street value of $140,000, along with four stuffed animals, in a package. They gave the package to the police, who forwarded it to the DEA. DEA agents replaced most of the cocaine with a cocaine-substitute, dusted the outside of the plastic bag containing the mixture of cocaine and cocaine-substitute with fluorescent powder, and sewed an electronic beeper tracking device into one of the stuffed animals. They then arranged a controlled delivery of the package to the addressee, Joseph Paliafito, at his ice cream shop in Haleiwa, Hawaii, a small village on the north shore of Oahu.

When the package was delivered to Pal-iafito, he took it to his apartment in a nearby resort complex without opening it. Shortly after he went into his apartment, the beeper signal changed, indicating that the package had been opened. A few minutes later, he emerged from his…