Beruflich Dokumente
Kultur Dokumente
No. 92-1434
UNITED STATES OF AMERICA,
Plaintiff, Appellee,
v.
JOSE VENTURA-RAMOS,
Defendant, Appellant.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Ronald R. Lagueux, U.S. District Judge]
___________________
____________________
Before
Torruella, Circuit Judge
_____________
Coffin, Senior Circuit Judge,
____________________
and Boudin, Circuit Judge.
_____________
____________________
Per Curiam.
___________
This
is
an
appeal
from
conviction
of
to
possession
U.S.C.
846) and
distribute the
drug
(Count II, 21
U.S.C.
or
841(a)(1),
and
abetting
such
(b)(1)(C), and 18
2).
Defendant challenges
transcript of a recorded conversation in which defendant, two codefendants, and a government informant took part.
was stipulated to
The transcript
At
but the
he recognized
the tape
prejudicial
was
too inaudible
to be
helpful
and that
the
We shall not
tape
properly
to the
challenge
conviction
to
and resulting
jury, we
the
for Count I.
inferred
have no
sufficiency
transcript
to forward
transcript
is
discussion
of a
replete
difficulty in
of
evidence
to
that [he]
defendants
having been
or
acted in
further an
cocaine sale.
These
rejecting the
support
illegal
the
in his brief
concert with
with defendant's
submitted
the two
act."
contributions
it
co-
Yet
the
to
the
contributions include
on the street;
home.
When
they insisted
the
prospective buyers
encountering guns
he
on doing the
doing big
defendant's
expressed apprehension
of
are
deal in
business.
After conversation
anybody."
They send
it to
me from
New York."
packaging, defendant
every room.
Further,
an associate was
approaching defendant's
Defendant's
and
presence."
own
words
actions belie
his
to close the
claim
of "mere
conspiracy conviction.
Defendant's challenge to
of any
trial,
the
district
judge
the absence
expressed
his
time.
At
uncertainty whether
finding of
instead
that,
possession
that the
even
defendant
though
had
by another
jury had
an
sufficient
co-conspirator.
enough evidence
associate
power
was
and
from which
carrying
intent
-3-
to
the
He ruled
to find
cocaine,
exercise
the
"acts or
declarations" of
doctrine specifically to
fellow conspirators. We
a possession case
applied this
in United States
_____________
v.
Rengifo, 858 F.2d 800, 807 (1st Cir. 1988), where we said:
_______
No evidence was
presented that any
of the
defendants arrested in room 106 ever possessed the
cocaine. We note as a preliminary matter, however, that
a coconspirator is responsible for the substantive
offenses committed in furtherance of the conspiracy
regardless of whether he participates in, or even has
knowledge of, those offenses.
sentence
As we held in United
______
-4-