United States v. Rene Ramos-Rascon, United States of America v. Alejandro Gonzalez-Villegas

Rene Ramos-Rascon and Alejandro Gonzalez-Villegas appeal their convictions for conspiracy to distribute cocaine, in violation of 21 U.S.C. § 841 (a)(1), and possession of cocaine with the intent to distribute, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . We hold that insufficient evidence exists to support their convictions, and reverse.

A. Background

Some time before November, 1990, law-enforcement officers in Tucson, Arizona, began investigating the criminal organization headed by James Piar, a large-scale supplier of cocaine and marijuana. In May, 1991, authorities arrested a member of the Piar organization and persuaded him to turn informant.

Following their instructions, the informant arranged for undercover agents to purchase one kilo of cocaine from the Piar organization. It is undisputed that Ramos-Rascon and Gonzalez-Villegas were not present at the site of this transaction, that their names were never mentioned in the course of the negotiations or other dealings, and that their fingerprints were not found on the wrappings that enclosed the drugs. In fact, there is no evidence connecting them in any way with the transaction.

Eight days later, again…