United States v. Virgil Sam Runco

Virgil Sam Runco was indicted for possession with intent to distribute one kilo of cocaine in violation of 21 U.S.C. § 841 (a)(1) (1982) and of attempting to possess with intent to distribute approximately 20 kilos of cocaine in violation of 21 U.S.C. § 846 (1982). He was acquitted of the first count and convicted of the second. His motion to set aside the verdict and to have a judgment of acquittal entered was denied. He appeals. We affirm his conviction.

FACTS

In August 1986 Runco was identified by a government informant as a dealer in cocaine. A series of meetings with government undercover agents culminated in a meeting at the San Francisco Airport Hilton Hotel on March 10, 1987. There Rodney Alvarez, a Drug Enforcement Administration agent, posed as Jorge, a drug supplier, and by prearrangement met Runco and took him to his hotel room. A video tape made by the government records the following exchange:

This conversation thus ended with the agreement of Alvarez to purchase 20 kilos at a price of $15,000 per kilo. Runco added that the cocaine that Alvarez would show him must be satisfactory. Alvarez then produced one kilo of cocaine. Runco sampled it and seemed…