United States v. Jose Sanchez

Jose Sanchez appeals his conviction and sentence, following a jury trial, for conspiracy to possess with the intent to distribute cocaine, possession with the intent to distribute 20 kilograms of cocaine, and use of a firearm during a drug trafficking offense, in violation of 21 U.S.C. §§ 846 and 841(a)(1), and 18 U.S.C. § 924 (c)(1), respectively. He contends that the district court erred in admitting as evidence 19 kilograms of cocaine that were found in a plastic bag in the trunk of his car during a warrantless search of that car. He also maintains that he should have been granted a new trial because during closing argument the prosecutor improperly vouched for a government witness. We affirm.

THE SEARCH

Sanchez was arrested after he participated in a sale of cocaine to an undercover agent. That agent had agreed to purchase 20 kilograms of cocaine from one John Morales. At the appointed time, Sanchez arrived at Morales’ apartment and met with Morales and the agent. He showed the agent a package containing one kilogram of cocaine, and the agent asked to see the rest. Sanchez then took Morales and the agent to his car, opened the trunk, and pointed to a plastic bag inside the…