United States v. Cosme Torres-Medina

Cosme Torres-Medina appeals his conviction for use of a firearm in relation to the commission of a narcotics offense. See 18 U.S.C. § 924 (e)(1) (1988). He asserts the evidence was insufficient to convict him because he is handicapped and could not access the tunnel below his house where the police found the firearm and drugs. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

FACTS AND PROCEEDINGS BELOW

The police raided Torres-Medina’s house pursuant to a search warrant. Using a trained dog, they located a trap door that led to a crawl space beneath the house. An officer crept into this space and found scales, a sifter, thirty grams of cocaine, chemicals used for “cutting” the cocaine, and a loaded nine millimeter handgun.

At trial, Officer Jeff Quon testified that the cocaine was possessed for sale based on its close proximity to the drug processing equipment and the fact that it was stored in individual plastic bags. Special Agent Bill Queen testified that the handgun was used to protect the narcotics operation based on its close proximity to the cocaine. Leocadia Arzapalo, Torres-Medina’s sister, testified that, when originally questioned by the police, she…