United States v. Cruz

363 F.3d 187 (2nd Cir. 2004)

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Nature of the Case

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Facts

DEA agents were investigating the activities of Medina. An informant, Ramos, to meet with Medina at a Boston Market and purchase approximately 900 grams of heroin from him. Ramos spoke with Medina and arranged to meet him at the restaurant. D was approached by an intermediary who apparently asked Cruz if he would assault several Ecuadorian men in exchange for $200. D agreed to do so, and the intermediary arranged for a follow-up meeting with D on December 12, 2000. Medina attended the subsequent meeting and discussed the planned assault with D. D was told that he needed to return for a third meeting on December 13, 2000. Upon arriving the following day, D was informed that events were not proceeding according to plan. Cruz was told that he initially needed 'to watch' Medina's 'back' while Medina finalized a 'deal.' He also learned that the so-called 'deal' would be taking place at the Boston Market. DEA agents were conducting their surveillance when D and his co-defendant, Rodriguez, arrived at the Market in a Lincoln Town Car. D and Rodriguez suspiciously examined vehicles in the nearby area as they approached the restaurant as if they were engaged in 'counter-surveillance' against law enforcement scrutiny. D and Rodriguez eventually entered the Boston Market, ordered food at the counter, and took a seat towards the side of the restaurant. Medina also arrived and sat at a different table with Ramos, who had arrived earlier and had been waiting for him. Ramos and Medina discussed the narcotics transaction and agreed that Medina would sell Ramos the heroin 'right there.' Neither D nor Rodriguez had any contact with either Medina or Ramos while they were in the restaurant. Medina and Ramos finalized their negotiations. Medina left the Boston Market. Not long thereafter, D and Rodriguez also left the Market and drove off in the Lincoln Town Car. Half an hour later, the agents observed the Town Car return to the Market. Medina stepped out of the vehicle's front-side passenger seat and waved towards Ramos. Ramos walked over to the car, stepped inside, and sat down in the back. D was sitting in the driver's seat. Medina eventually directed Ramos' attention towards a telephone box that had been placed in the back behind the driver's seat. The heroin was hidden inside a plastic bag within the box. Ramos said he would return with the money and got out of the car. DEA agents seized the heroin and arrested both Medina and D. D and Rodriguez were eventually charged with possession with the intent to distribute. D told the agents that he had not known that he had agreed to take part in a 'drug deal.' D explained that he 'knew it was some kind of a deal, but not a drug deal.' D stated that he had been asked: 'to watch [Medina's] back while he [did] a deal or [did] business.' D was convicted and appealed.