United States v. Eduardo Ramirez

Eduardo Ramirez was convicted by a jury of conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1), of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1), and of possession with intent to distribute heroin in violation of 21 U.S.C. § 841 (a)(1). He appeals. We reverse his conviction on the ground that there was insufficient evidence to sustain it.

FACTS

On June 1, 1987 a combination of federal and local law enforcement officers conducting an undercover operation purchased an ounce of cocaine from one Miguel Valdez in a parking lot in the rural town of Carruth- ers, Fresno County, California. After the transaction Valdez was observed going to a house at 11798 South Elm Avenue, Car-ruthers. On June 9 the undercover agents purchased six more ounces for $5,700 in the same parking lot. Valdez was accompanied by a man named Armando who said the cocaine came from the same place. Both before and after the deal Valdez was seen at the house at 11798 South Elm. On June 12, 1987 the agents met Valdez in the parking lot and purchased a kilo of 100 percent pure cocaine in the form of a brick. At approximately 1:30 p.m., following the…