United States v. Fabio Jaramillo-Suarez
Opinion
Opinion
Canby, J.
Fabio Jaramillo-Suarez (Suarez) appeals his conviction for conspiracy, in violation of 21 U.S.C. § 846 , and possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). Suarez contends that numerous evidentiary and procedural errors committed at trial warrant reversal of his conviction. We disagree and affirm.
BACKGROUND
In September 1986, agents from the California Department of Justice, Bureau of Narcotic Enforcement (BNE) began an investigation of Suarez by conducting a surveillance of his activities. They identified a certain apartment in San Juan Capistrano as one frequently used by Suarez. The agents also determined that Suarez drove a 1986 blue BMW and had a girlfriend named Carmen Wilkinson.
On September 11, 1986, agents saw Suarez leave the San Juan Capistrano apartment in the BMW. He drove to a gas station approximately two miles from the apartment and used a pay telephone for approximately one hour to make and receive calls. Suarez left the gas station and drove to a shopping center in Costa Mesa, where he met codefendant Michael Eliott. Eliott had arrived at the center in a blue Chevrolet pickup truck. Suarez got into the truck, and he…