United States v. Fitz

317 F.3d 878 (2003)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

A confidential informant reported that he could purchase large quantities of methamphetamine from an individual named Jorge, later identified as Jorge Preciado. They arranged to meet. Law enforcement officers observed three Hispanic males in two vehicles, a 1994 Nissan Pathfinder and a 1998 Honda Civic. Preciado called the confidential informant indicating that he was in the area and had the agreed-upon amount of methamphetamine. He further stated that he was looking for someplace to remove the drugs from their hiding place in the Nissan Pathfinder. After some more phone calls between Preciado and the confidential informant, Preciado and D drove the Honda Civic to a local Burger King parking lot; the third man, Jose Vega, stayed with the Pathfinder. The confidential informant met Preciado at the Burger King parking lot. D was present, but surveillance officers never heard him speak. Preciado and the confidential informant conversed in English. As Preciado and D were leaving the parking lot in the Civic, they were arrested. A search of the Nissan Pathfinder revealed four packages containing approximately ten pounds of methamphetamine. They had been hidden in the Pathfinder's gas tank. D was charged with one count of conspiracy to distribute and possess with intent to distribute methamphetamine. D was found guilty. D moved for a judgment of acquittal based on insufficient evidence. It was denied and D appealed.