United States v. Antonio Pino Palafox

SCHROEDER, Circuit Judge.

Antonio Pino Palafox appeals from his conviction on one count of possession with intent to distribute a controlled substance and one count of distribution of a eon-trolled substance under 21 U.S.C. § 841(a)(1). The charges stem from a meeting in a parking lot where Palafox intended to sell a package of heroin to an undercover agent. The agent asked Pala-fox for a sample of the heroin, took a small quantity from the package and returned the package to Palafox. Almost immediately thereafter agents arrested Palafox. He was charged with distribution of the .12 gram sample…