United States v. Ernesto Segura-Gallegos

Ernesto Segura-Gallegos appeals his convictions for conspiracy to possess with intent to distribute cocaine and for possession with intent to distribute cocaine. Segura-Galle-gos was the passenger in a van used as a lookout during a cocaine transaction with an undercover officer. After trial, a jury found Segura-Gallegos guilty of conspiracy to possess and distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a) (1988), and of possession of cocaine in violation of 21 U.S.C. § 841 (a)(1) (1988). The jury was unable to reach a verdict on the charge that Segura-Gallegos carried a firearm during a drug trafficking crime in violation of 18 U.S.C. § 924 (c) (1988). The district court dismissed the weapons count. Segura-Gallegos was sentenced to eighty-seven months imprisonment and four years’ supervised release on March 30, 1992.

Segura-Gallegos claims that there was insufficient evidence to support his convictions, that the trial court erred in cancelling a mistrial, and that hearsay testimony was improperly admitted against him. We affirm.

I. Sufficient Evidence

Segura-Gallegos claims that the evidence is insufficient to support his conviction for conspiracy, and that because…