Cervera

MEMORANDUM **

Petitioner Avaro Cervera appeals his conviction for (1) conspiracy to possess methamphetamine with the intent to distribute, in violation of 21 U.S.C. §§ 846 and 841(a)(1), and (2) possession of methamphetamine with the intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We affirm.

On September 6 and September 19, 1996, Freddy Vegas (a paid informant) met with Cervera and Samuel Zugasti (Cervera’s co-conspirator) to arrange and complete a methamphetamine purchase. Drug Enforcement Administration agent Douglas Cypher observed and recorded both meetings, resulting in an audiotape of a September 6 meeting (“the September 6 audiotape”), a transcript of that tape (“the September 6 transcript”), an audiotape of a September 19 meeting (“the September 19 audiotape”), a transcript of that tape (“the September 19 transcript”), and a videotape of that meeting (“the September 19 videotape” or, simply, “the videotape”). At trial, Vegas, Zugasti, and Cypher testified against Cervera. Cervera advances six arguments on appeal.

First, we reject Cervera’s argument that the government’s destruction of the September 19 audiotape and videotape after his conviction but before…