United States v. Hector Jesus Hernandez, Aka: Mauricio Solis, United States of America v. Jorge Walter Cardona

Hernandez and Cardona appeal their convictions for conspiracy to possess and possession with intent to distribute cocaine. They argue (1) that the evidence is insufficient to prove the existence of a conspiracy; and (2) that there was insufficient evidence to support a finding of constructive possession. Hernandez also contends that the district court abused its discretion in refusing to admit allegedly exculpatory evidence. We affirm.

I.

FACTS AND PROCEEDINGS BELOW

FBI Agent Guerrero, acting undercover began negotiating the sale of cocaine from codefendant Montilla. See United States v. Montilla, 870 F.2d 549, 550-51 (9th Cir.1989). Guerrero met with Montilla several times beginning in early September 1987. Montilla told Guerrero that her boyfriend “Hector,” would help her and that she and Hector were in charge of the transaction. On September 17, Guerrero met Hernandez who was introduced as Hector. The two men discussed the details of the exchange of cash and cocaine. Guerrero had several other meetings with Montilla and Hernandez. Some of these conversations were recorded. The transcripts of these conversations were introduced into evidence. On September 21, the three met…