United States v. Richard Carrillo, United States of America v. Ernest Benavidez

Following a jury trial, Richard Carrillo and Ernest Benavidez were convicted of numerous charges relating to the possession and distribution of cocaine, including conspiracy with intent to distribute five or more kilograms of cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(A)(ii). Carrillo and Benavidez now appeal their convictions, alleging that the district court erred (1) by admitting into evidence a purported “profit statement” or “tally sheet” from various drug transactions, (2) by admitting into evi dence a post-arrest statement made by Carrillo in response to an officer’s question prior to a Miranda warning, and (3) by allowing the prosecutor to cross-examine Carrillo about confidential attorney-client communications. Finally, Carrillo and Benavidez allege that the prosecutor engaged in misconduct during closing argument. We affirm.

I. BACKGROUND

Evidence at trial indicated that a government informant met Richard Carrillo by chance in a bar in Corona, California, in March or April of 1991. After learning that Carrillo was involved in the cocaine business, the informant cultivated a relationship with Carrillo and proceeded with negotiations for the…