United States v. Eusebio Diaz-Rosas

Eusebio Diaz-Rosas was convicted of one count of possession with intent to distribute cocaine, and one count of conspiracy to possess with intent to distribute cocaine. He now appeals his conviction on the conspiracy charge, and his sentence of 108 months. The only significant issue is whether the district court erred in sentencing on the conspiracy charge when it included in calculating the amount of cocaine involved in the conspiracy a quantity which the defendant had been acquitted of possessing personally. We affirm.

I. FACTS

On November 5, 1991, two Oregon law enforcement officers stopped a vehicle containing Mr. Diaz-Rosas and two other men on Interstate 5 just south of the Washington-Oregon border. The officers were acting on information provided by Seattle Customs Agent Ann Harkonnen, who had learned from a confidential rehable informant that the driver of the car, Filiberto Guizar, would be carrying drugs from Seattle to Portland in a dark Mercedes on November 5, 1991. Harkonnen had placed the Mercedes under surveillance beginning on November 4, 1991 and had followed it south on 1-5 to the Oregon border, where the Oregon agents took over. The Oregon officers also had an…