UNITED STATES of America, Plaintiff-Appellee, v. Hector FUENTES-MONTIJO and Ruben Campoy-Silva Defendants-Appellants

Hector Fuentes-Montijo (Fuentes) and Ruben Campoy-Silva (Campoy) appeal their jury convictions on the ground that the district court abused its discretion in instructing the jury on the use of English translation transcripts of Spanish language tape recordings. We hold that the district court did not abuse its discretion.

FACTS AND PROCEEDINGS

On November 17, 1993, a superseding indictment was filed charging appellants and codefendants with conspiracy to possess cocaine with intent to distribute from approximately June 1992 through August 6, 1993. They were also charged with possession with intent to distribute cocaine from July 29 through August 6, 1993. Campoy was further charged with possession with intent to distribute cocaine on June 16,1992. A criminal forfeiture count was alleged against Fuentes only. Fuentes and Campoy were convicted by the jury and later sentenced.

During the trial, informant Carlos Gutierrez testified about the time period beginning in September 1992, when he met with Fuentes to try to get him to move 800 kilograms of cocaine. In December 1992, the DEA met with Gutierrez and began to focus on Fuentes through Gutierrez. Over the next year,…