United States v. Louis Juan Diaz

Appellant Louis Diaz appeals his jury conviction.for possession with intent to distribute more than 500 grams of cocaine pursuant to 21 U.S.C. §§ 841 (a)(1) and 841(b)(l)(B)(ii)(II). We affirm.

I

On April 5, 1990, Diaz and undercover officer Kim Lowe discussed the purchase of one kilogram of cocaine. Diaz and Lowe agreed to meet on June 15, 1990, to complete the transaction. At 5:15 p.m. on June 15, 1990, Lowe met Diaz in the parking lot of a Chinese restaurant across the street from a storage facility. Diaz told Lowe that “his people” were late. He left and returned half an hour later. Diaz gave Lowe $2,000 in cash and told her that he would procure the remaining $8,000 from his associates. He left once more and returned to the parking lot at 6:15 p.m. The two then drove across the street in Diaz’s van to the storage facility. Diaz’s eight year old son was also in the van with him.

Diaz told his son to get out of the van while he talked to Lowe. According to Lowe, Diaz then counted out several thousand dollars and gave the money to Lowe. Lowe put the cash away and handed a kilogram of cocaine to Diaz. Diaz cut the wrapper to look at the cocaine, placed it in a bag, and put it…