United States v. Jose Luis Buena-Lopez, AKA Jose Luis Buelna-Lopez

Jose Luis Buelna-Lopez appeals from the judgment entered following his conviction for conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(l)(B)(ii) and 846, and possession with intent to distribute cocaine, and aiding and abetting the possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(l)(B)(ii) and 18 U.S.C. § 2 . Buelna-Lopez contends the evidence presented at trial was insufficient to establish his knowledge of the conspiracy. He further argues that the district court erred in denying his motion for a severance. We affirm.

I. FACTUAL BACKGROUND

This case arises out of a drug transaction that took place on August 22, 1991. The four people present at that transaction were Jose Luis Buelna-Lopez, Jesus Ozuna Rodarte, undercover Drug Enforcement Agent James Brown, and Francisco Roma-ro, a confidential informant for the Drug Enforcement Administration.

The Government’s evidence showed that Rodarte approached Romaro about selling narcotics to him. Romaro told him that he had a friend who would be interested in purchasing cocaine, and subsequently introduced Agent Brown to Rodarte. Rodarte sold Agent Brown one…