United States v. Frank Javier Tamez

Frank Javier Tamez appeals his conviction and sentence under 21 U.S.C. § 856 (a)(2), for making available a building for the purpose of narcotics trafficking. We have jurisdiction under 28 U.S.C. § 1291 and affirm in part and reverse and remand in part.

I. Background

In October 1987 the DEA began an investigation of defendant Tamez after receiving information that his used car dealership, consisting of five lots in and around Yakima, Washington, was being used to distribute cocaine. On October 22 an undercover officer purchased an ounce of cocaine from Sigifredo Escamilla, a Tamez employee, at one of the lots. Sigifredo told the officer that Tamez was his source of cocaine and that through Tamez he could supply whatever drugs were required.

Gerald Dauenhauer, a government witness, testified that he purchased more than three kilograms of cocaine from Sigifredo at the dealership over several months in 1987. He testified that Sigifredo referred to the drug distribution scheme as “Frank’s operation” and claimed to be selling fifty kilograms per month from the dealership.

There was testimony that Robert Wilhelm, a government witness, purchased cocaine at the dealership. On one…