United States v. Colon

549 F.3d 565 (2008)

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Nature of the Case

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Facts

United States (P) was wire-taping Saucedo who just happened to be D's cocaine supplier. P heard Saucedo tell Rodriguez (Saucedo's admitted co-conspirator) that 'Dude' would be coming to a particular house in 15 minutes to pick up drugs that 'Dude' had ordered. Fifteen minutes later, officers saw a man enter the location and emerge shortly afterward. The officers arrested D who was the man called 'Dude' and who just purchased cocaine. The evidence of his guilt was that the 'D regularly obtained distribution quantities of cocaine from Saucedo and Rodriguez. . . . The dealings between . . . [D and Saucedo, with whom alone D dealt] were standardized and exhibited mutual trust. Saucedo and Rodriguez had a stake in D's distribution activities as well as their ongoing arrangement, given that their profits depended on the success of D's distribution efforts. . . . [D and Saucedo] conducted regular, standardized transactions through which D obtained cocaine in quantities of either 4.5 or 9 ounces at consistent prices, and distributed it to customers. D and Saucedo regularly arranged deliveries by telephone,' with defendant being the caller, using Saucedo's cellphone number. D was convicted of possession with intent to distribute, conspiracy to possess with intent to distribute, and aiding and abetting a conspiracy. D appealed in part that there was insufficient evidence to show he participated in the conspiracy or aided and abetted the conspiracy.