United States v. Peter James Holler

Defendant Peter James Holler appeals his convictions for conspiracy to possess cocaine with the intent to distribute and attempted possession of cocaine with the intent to distribute, in violation of 21 U.S.C. §§ 846 and 841(a)(1). We exercise jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a) and affirm in part.

I. BACKGROUND

This case arises out of a “reverse sting” operation in which defendant Peter James Holler conspired with co-defendants Nelson Palacio and Gustavo Estrada to purchase a large amount of cocaine from a confidential informant (“Cl”) working with the Drug Enforcement Administration (“DEA”).

In January of 2001, the Cl informed DEA agent Travis Lavigne that he knew of someone who wanted to purchase large amounts of cocaine in Los Angeles, California. On February 2, 2001, the Cl told Agent Lavigne that he had received a telephone call from a man named Chepe (co-defendant Palacio), who said he was coming to Los Angeles. Three days later, with Agent Lavigne’s permission, the Cl picked up Palacio from the airport and drove him to a hotel in Torrance, California. Later that day, the Cl returned to the hotel where Palacio was staying to discuss the deal.…