United States v. Oscar Acosta Delgado

Oscar Acosta Delgado appeals his conviction of and sentence for conspiracy to possess methamphetamine with intent to distribute, 21 U.S.C. §§ 841 and 846 (2003) (Count 1), and possession of methamphetamine with intent to distribute, 21 U.S.C. § 841 and 18 U.S.C. § 2 (2003) (Count 2).

FACTS AND PROCEEDINGS BELOW

On January 15, 2002, law enforcement officers served a search warrant on the residence of Jeffrey Shauers in an unincorporated area near Bremerton, Washington; there, they discovered large quantities of drugs and cash. Shauers was arrested and, immediately thereafter, agreed to cooperate with law enforcement. Shauers told agents that over the past eight months he had sold approximately 25 to 30 pounds of methamphetamine with most of his supply over the prior six weeks coming from two men he knew as “Pediehinny” and “Jose.” At trial, Shauers identified Delgado as “Jose,” and Delgado’s friend Juan Vasquez-Santiago conceded that he went by the nickname “Pediehinny.”

Shauers stated that he met with Delgado and Vasquez-Santiago approximately six times over the course of the prior six weeks to conduct drug transactions, during which they all freely discussed their drug…