United States v. Brent Eugene Smith, United States of America v. Roberto Osegueya Martinez, United States of America v. Richard Leroy Popp, Jr.
Opinion
Opinion
Brunetti, J.
In this consolidated criminal appeal, several codefendants appeal their convictions of various crimes relating to a drug conspiracy. We affirm the conviction, but vacate a part of the sentence.
STATEMENT OF FACTS
On December 1, 1988, two weeks after a cocaine overdose, appellant Richard Leroy Popp, (“Popp”), then eighteen years old, entered Plaza Hall, a twenty-eight-day inpatient drug treatment facility in Tacoma, Washington. Popp remained at Plaza Hall Treatment Center until December 29, 1988. While in in-patient treatment, Popp met Todd Lofto (“Lofto”), a fellow patient, who claimed to be a rock singer. Lofto and Popp became friends and while in treatment together, frequently discussed drugs and the distribution of drugs. According to Popp’s testimony at trial, he was not a dealer in cocaine; Popp participated in these discussions and exaggerated his knowledge of drug dealing only in an effort to make Lofto like him.
In late December of 1988, Lofto contacted Drug Enforcement Administration Special Agent Greg Gassett (“Agent Gassett”) offering to act as an informant. The DEA told Lofto he might receive payment for his work as an informant, and in early January Lofto was…