Franco

United States v. Franco

Good Law
136 F.3d 622·98 Daily Journal DAR 1463·1998 U.S. App. LEXIS 1856·98 Cal. Daily Op. Serv. 1047
United States Court of Appeals for the Ninth CircuitFebruary 11, 1998Nos. 95-50615, 96-50029 and 96-50021California4,392 words

Opinion

Lead Opinion

Canby, J.

Salvador Franco, Jose Eliodoro Topete, and Francisco Herrera-Flores appeal their jury convictions for possession of methamphetamine with intent to distribute, a violation of 21 U.S.C. § 841 (a)(1). Franco and Topete also appeal their convictions for conspiracy to distribute methamphetamine, a violation of 21 U.S.C. § 846 . Topete also challenges his sentence under the Guidelines. We affirm the judgments of the district court in all respects.

BACKGROUND

In early 1994, one Macario Ayala contacted Osvaldo Garcia, a confidential informant for the Drug Enforcement Administration (“DEA”), for the purpose of introducing him to some persons who were interested in selling narcotics. Ayala took Garcia to a “Frames Plus” furniture shop, where he introduced Garcia to appellant Franco, the owner of the shop, and Efren Gonzalez, Franco’s nephew.- This meeting was the first of many in which Garcia wore a body wire and recorded conversations with the defendants and their co-conspirators. Franco and Gonzalez discussed selling Garcia 30 kilograms of cocaine and 10 pounds of methamphetamine. Garcia told Gonzalez and Franco that he could supply them with ephedrine and hydriodic acid, precursor…

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