United States v. Jose Arambula-Ruiz
Opinion
Opinion
Nelson, J.
I.
OVERVIEW
A jury convicted appellant Jose Arambu-la-Ruiz (Arambula) for conspiracy to possess a controlled substance with intent to distribute, possession of a controlled substance with intent to distribute, and aiding and abetting in violation of 21 U.S.C. § 841 (a)(1) (1984), 21 U.S.C. § 846 (1984) and 18 U.S.C. § 2 (1979). He was sentenced to a ninety-month jail term followed by four years of supervised release. He appeals claiming that both evidentiary and constitutional errors occurred at trial. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal under 28 U.S.C. § 1291 and now affirm.
II.
BACKGROUND
Drug Enforcement Agent Jorge Rodriguez went undercover to investigate Otto Rene Aldana. Aldana negotiated a sale of fifteen ounces of heroin with Rodriguez and, after meeting to test a sample, they arranged for delivery of the drug on June 27, 1990, at a Denny’s Restaurant.
On June 27, while Agent John Roberts was conducting surveillance at Aldana’s apartment, he observed Arambula and Mar-iles-Ortega standing outside conducting “counter-surveillance.” He then saw Alda-na, Arambula, Mariles, Medina-Flores and…