United States v. Ronald Olen Burrows

Ronald Olen Burrows appeals from his conviction for drug trafficking crimes, arguing that two of the district court’s jury instructions wer.e erroneous. Burrows also attacks four aspects of the sentence imposed by the district court. We affirm the conviction, and conclude that the district court ruled correctly on three of the four sentencing issues raised by Burrows. We remand so that the court may re-address the fourth.

BACKGROUND

In early December 1991, “Bugsy,” an informant working for the DEA, had a series of consensually monitored telephone conversations with Burrows. Bugsy offered to put Burrows in contact with a prospective buyer who, Bugsy said, wished to purchase five pounds of methamphetamine. Unbeknownst to Burrows, the prospective buyer was an undercover DEA agent. Bugsy and Burrows arranged to meet at a liquor store on December 5, 1991, and thereafter to meet the supposed purchaser.

Burrows testified that on December 4, 1991, the day before the meeting with Bugsy and the buyer, he contacted his source, code-fendant Rodriguez. On December 5, before the scheduled meeting, Burrows and Rodriguez drove to a hotel room in Oceanside, where Rodriguez retrieved the…