United States v. Jorge Jesus-Casteneda

Every actor worth his salt understands that his success depends on his ability to convey emotions credibly through his facial expressions and demeanor. Just as an audience assesses a character’s vulnerability and emotions by watching the actor’s demeanor, so too does a jury assess a witness’s credibility and emotions by examining the witness’s demeanor and eyes. Theatrical musings aside, we have occasion here to address an issue of first impression in this circuit, namely whether a witness’s testimony in disguise at trial violates the Confrontation Clause of the Sixth Amendment to the United States Constitution. Appellant Jorge de Jesus-Casteneda appeals from his judgment of conviction for possession with intent to distribute methamphetamine under 21 U.S.C. § 841 (a)(1) and (b)(l)(B)(viii). The evidence at trial showed that Appellant drove a car, for a fee, to an undercover warehouse and delivered a bag containing ten pounds of methamphetamine from that car to the warehouse, where undercover agents were conducting a drug-weapons deal with various drug trafficking suspects. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Before the confidential informant (“Cl”)…