United States v. Gregorio De Jesus Mares, United States of America v. Alfredo Martinez-Osuna

Alfredo Martinez-Osuna and Gregorio de Jesus Mares appeal their convictions on a two-count indictment charging them with conspiracy to possess with intent to distribute and conspiracy to distribute 1002 grams of heroin (Count 1), and possession with intent to distribute and aiding and abetting the distribution of the heroin (Count 2).

The indictment alleged that the appellants engaged in counter-surveillance activities in furtherance of a transaction involving two codefendants and undercover DEA agents. Both Mares and Martinez-Osuna argue that there is insufficient evidence to support the convictions for conspiracy and possession. Mares separately challenges the propriety of the prosecutor’s closing argument, and of the district judge’s decision to admit certain expert testimony. Martinez-Osuna contends that the judge’s admonishment of counsel during closing argument conveyed the appearance of partiality. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the convictions.

BACKGROUND

On March 21, 1988, DEA Agent Abenicio Cordova received a phone call from an informant who reported that he knew an individual who wanted to sell one kilogram of heroin. Agent Cordova told…