United States v. Diaz

864 F.2d 544 (7th Cir. 1988)

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Nature of the Case

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Facts

A number of defendants were charged with conspiring to possess and distribute cocaine. A DEA agent purchased cocaine from Carmen. There was no testimony that Reynaldo Diaz was involved in this sale. Perez was new to dealing, and Rodriguez introduced Perez to D. D agreed to supply drugs to Perez. Perez sold two ounces of cocaine he got from D to DEA Agent Patricia Collins. D was not present for either sale. The second sale occurred a half-block from D's house so that D could see the buyer. Rodriguez and Perez also testified that they dropped the money off at D's house after the second sale. Perez and Rodriguez went to a designated location to meet with D to sell one kilogram of cocaine to Collins. D was not present. They called D, and he agreed to join the men in ten to fifteen minutes. D arrived, and Peirallo arrived. Peirallo had brought the kilogram of cocaine from Miami, Florida to Chicago, Illinois earlier that same day. The parties waited. Peirallo became impatient and decided to leave the scene. As soon as Peirallo left, Collins arrived. D telephoned Peirallo's pager. Perez Collins counted the money in her car. Perez then confirmed with D that Peirallo was on his way. Peirallo arrived. There was a great deal of movement and conversation among D, Peirallo, and Rodriguez. Peirallo told Perez that he had a gun which he intended to use if anyone tried to steal the drugs. D and Rodriguez continued to stand by D's car watching Collins. Perez took the drugs to Collins. Collins then gave the arrest signal. D was convicted of conspiracy to distribute cocaine, possession, and distribution of cocaine, and conspiracy to use a firearm in relation to the commission of a drug trafficking crime. D appealed the firearm conspiracy conviction and other issues.