United States v. Hernandez

975 F.2d 1035 (4th Cir. 1992)

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 DEA agent, Shroyer, was introduced to a suspected drug dealer, DeLaCruz. Shroyer arranged a drug deal with DeLaCruz. One week later, Shroyer solicited DeLaCruz to sell him crack. After this conversation, DeLaCruz was seen entering the apartment building where Hernandez (D) lived with Rodolfo Fernandez. After DeLaCruz left the building, Shroyer got the promised crack. Shroyer then sought to purchase a substantial amount of crack. DeLaCruz told Shroyer he would have to go to D.C. to get that much, but instead he went back to the same location and exited in the company of Fernandez. The drugs were delivered, DeLaCruz was immediately arrested, and then they entered his apartment and arrested Fernandez. DeLaCruz pled out, and he turned on Fernandez, D, and Victor Shorty Liriano. DeLeon testified pursuant to a plea agreement unrelated to this case and told how he had met D six months before and that D told him she knew of a special recipe for cooking crack. The government offered this testimony as part of its case. D objected. D testified she was out of town during the first two drug transactions and that she had left Hotke in charge of her apartment and that she had never had more than minimal contact with DeLaCruz and that she had never in her life sold crack or drugs. D was convicted and appealed.