United States v. Joe Trujillo

SETH, Circuit Judge.

Joe Trujillo appeals from his conviction by a jury on separate counts of possession of heroin with intent to distribute and distribution of heroin, both in violation of 21 U.S.C. § 841(a)(1). The charges stem from an incident in which the appellant purchased eleven “caps” of heroin with $50.00 he had obtained from an undercover narcotics agent. Following the purchase he delivered eight of the caps to the agent.

At the trial, several relatives and acquaintances of the appellant testified to his extensive history of paint sniffing and alcohol abuse, and to his erratic and…