United States v. Delfin Eduardo Toro-Pelaez

PAUL KELLY, Jr., Circuit Judge.

Delfín Eduardo Toro-Pelaez appeals from his conviction for unlawful possession of 200 kilograms of cocaine with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1). We exercise jurisdiction under 28 U.S.C. § 1291, and affirm.

Background

On December 10, 1994, Kansas Highway Patrol Troopers Greg Jirak and Richard Jim-erson were stopped in the median of Interstate 70 near WaKeeney, Kansas, facing westbound traffic. They were talking with a trooper in another patrol car which was facing the eastbound traffic. From this vantage point, the troopers observed…