United States v. Jesus Velasquez-Carbona

Jesus Velasquez-Carbona appeals his jury conviction for conspiracy to distribute cocaine, possession with intent to distribute cocaine, possession of a firearm during a drug offense, and possession with intent to distribute heroin. He claims that (1) the evidence presented by the government was insufficient to support his convictions, and (2) his due process rights were violated as a result of a law clerk’s ex parte contact with a juror. We affirm.

I. FACTS.

Appellant Velasquez was arrested in his bed in an apartment. He had a loaded .357 magnum revolver on the nightstand. His roommate Lopez, who had been plainly identified as the person who sold cocaine to an undercover informant, was arrested as he sat in his bed with a loaded .12 gauge shotgun in his hands. Cocaine, heroin, and associated sales equipment were found in a kitchen cabinet. Appellant’s fingerprints were on the inside of the heroin box. In appellant’s bedroom closet, the police found a drug ledger. The informant testified that he had purchased cocaine many times from appellant as well as Lopez. The police also found an old bill for the apartment telephone in appellant’s name.

When both sides had finished…