Solorio

United States v. Solorio

Good Law
669 F.3d 943·2012 WL 161843·87 Fed. R. Serv. 557·2012 U.S. App. LEXIS 1051
United States Court of Appeals for the Ninth CircuitJanuary 19, 201210-10304California6,179 words

Opinion

Opinion

Berzon, J.

Carlos Quintana Solorio (“Solorio”) was arrested during a Drug Enforcement Agency (“DEA”) “buy bust” operation for arranging to sell methamphetamine to a government informant. Following a jury trial, Solorio was convicted of possession with intent to distribute 500 or more grams of a substance containing methamphetamine, in violation of 21 U.S.C. § 841 (a)(1) and (b)(l)(A)(viii), and conspiracy to distribute 500 or more grams of a substance containing methamphetamine, in violation of 21 U.S.C. § 846 .

Solorio now appeals his conviction on four grounds, contending that: (1) the trial court committed reversible plain error by not requiring interpreters to take an oath, pursuant to Federal Rule of Evidence 604, before translating the government informant’s testimony at trial; (2) allowing two DEA agents to recount the “present sense impressions” of other nontestifying agents violated Solorio’s right to confrontation; (3) there was insufficient evidence to prove, beyond a reasonable doubt, that Solorio actually possessed methamphetamine; and (4) cumulative error warrants reversal.

I.

Background

A. Events preceding the “buy bust” operation

On May 5, 1999, Miguel…

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