United States v. Carlos Arturo Ocampo, United States of America v. Jorge Arango, United States of America v. Jerald James Donato

Ocampo, Donato, and Arango appeal from their convictions for possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841 (a)(1), and conspiracy, in violation of 21 U.S.C. § 846 . Arango and Ocampo also appeal their sentences. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over these timely appeals pursuant to 28 U.S.C. § 1291 . We reverse the conviction of Ocampo, affirm the conviction of Dona-to, and affirm both the conviction and sentence of Arango.

I

The police investigation began with a tip followed by surveillance. The initial focus of this investigation was a Santa Ana condominium (Irongate residence), where the police first observed Ocampo and his wife, coming and going in a Volkswagen Jetta. Nothing suspicious was observed initially, but over a week later, Ocampo arrived at the Irongate residence with a new companion, Arango. After a short stay, Arango left alone, driving the Dodge Aries in which he had arrived. The police followed.

Arango executed a number of counter-surveillance maneuvers. He changed lanes abruptly, entered a restaurant parking lot, and just sat, not in any parking space, watching traffic.…