United States v. Mauricio Borrero-Isaza

I.

Defendant-Appellant, Mauricio Borrero-Isaza, appeals from a judgment and commitment order filed on June 25,1987, which adjudged defendant guilty of one count of violation of 21 U.S.C. § 846 (1982) (conspiracy to distribute and to possess with intent to distribute cocaine) and two counts of violation of 21 U.S.C. § 841 (a)(1) (1982) (possession with intent to distribute cocaine). Appellant received a sentence of twelve years in the custody of the Attorney General along with a five year post-release probation period on the conspiracy count, and he received consecutive twenty year suspended sentences on the other two counts.

II.

On January 9, 1986, appellant Borrero was arrested at codefendant Thomas Lind’s place of business, “Hawaiian Shaved Ice,” after Drug Enforcement Administration agents found approximately one kilogram of cocaine in appellant’s car. Codefendant Lind was also arrested that same day for possession of one kilogram of cocaine.

On January 18,1986, a three-count indictment was filed in the United States District Court for the Central District of California against both Borrero and co-defendant Lind. Borrero pled not guilty to all counts. On February 14, 1986,…