UNITED STATES of America, Plaintiff-Appellee, v. Louise Han PEREZ; Joseph E. Perez; And John Velasco Cruz, Defendants-Appellants

Caution
67 F.3d 1371·1995 U.S. App. LEXIS 27659·95 Cal. Daily Op. Serv. 7699
United States Court of Appeals for the Ninth CircuitOctober 2, 199594-10313, 94-10314 and 94-10400California8,343 words

Opinion

Opinion

Pregerson, J.

Defendants-Appellants Louise Han Perez, Joseph E. Perez, and John Velasco Cruz were indicted with six others for conspiring to distribute heroin and cocaine. All three were convicted of distributing heroin in violation of 21 U.S.C. § 841 (a)(1) and being felons in possession of firearms in violation of 18 U.S.C. § 922 (g). Joseph Perez and John Cruz were also convicted of possessing heroin with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) and using firearms during drug trafficking in violation of 18 U.S.C. § 924 (e). Louise Perez appeals her conviction and sentence, Joseph Perez appeals his conviction, but not his sentence, and John Cruz appeals his conviction and sentence. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part and reverse in part.

LOUISE HAN PEREZ

I. Background

A grand jury indictment charged Louise Perez, Joseph Perez, John Cruz, and six others with conspiring to distribute narcotics, using firearms during drug trafficking, and being felons in possession of firearms.

In 1994, Louise Perez sold eleven rare coins for $500 to Mike Cummings, a professional coin dealer. When Cummings realized that the coins Louise Perez sold him matched…

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