United States v. Jorge Luis Esquivel-Ortega

Jorge Luis Esquivel-Ortega (“Esquiv-el”) challenges the sufficiency of the evidence to support his convictions for conspiracy to distribute cocaine and heroin, and possession of cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841 and 846. We conclude that the evidence is insufficient to sustain the convictions and therefore reverse. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

BACKGROUND

From late 2001 to the end of 2002, agents of the federal Drug Enforcement Agency (“DEA”) based in Seattle, Washington, were investigating a drug conspiracy. Pursuant to this investigation, agents intercepted calls on a telephone belonging to Pedro Sanchez. DEA agents learned from these calls that a white minivan containing drugs would be traveling from southern California to Sanchez’s home in Auburn, Washington, on September 29, 2002. DEA agents asked officers from the Renton, Washington, police department for their help in apprehending the vehicle.

Around 6:00 p.m. on September 29, 2002, DEA agents listening to telephone calls on Sanchez’s phone heard a conversation , between Sanchez and a “Hispanic male in the vehicle,” giving the vehicle directions to Sanchez’s…