09-3879 U.S. v. Tavarez

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Narcotics
Delivery; sufficiency of the evidence

The evidence was sufficient to convict the defendant of delivery of methamphetamine, even though the confidential informant who made the purchases did not testify.
“We conclude that the jury could reasonably reach its guilty verdict on the circumstantial evidence presented here. The informant was seen going into Tavarez’s apartment building for each controlled buy. A surveillance video introduced at trial showed the informant entering the building with Tavarez before the second controlled buy. Although it is undisputed that Tavarez shared his apartment with his girlfriend, nothing in the transcript indicates whether his girlfriend was or was not present in the apartment during either of the controlled buys. When law enforcement searched Tavarez’s apartment, they discovered most of the buy money ($4,200) inside some men’s suit jackets hanging in the master bedroom closet. Most important, Tavarez’s fingerprint was found on one of the bags of drugs the confidential informant provided to law enforcement. From this evidence, it was reasonable to find beyond a reasonable doubt that the informant purchased methamphetamine from Tavarez as instructed, that Tavarez had left his fingerprint on the bag of drugs during the course of that sale, and that Tavarez had hidden the buy money in his own clothing for safekeeping.”
Affirmed.

09-3879 U.S. v. Tavarez

Appeal from the United States District Court for the Southern District of Indiana, Lawrence, J., Hamilton, J.

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