United States v. Gerardo Valencia

FLETCHER, Circuit Judge:

Gerardo Heber Valencia appeals from his conviction for conspiracy to distribute cocaine, 21 U.S.C. § 846 (1982), and distribution of cocaine, 21 U.S.C. § 841(a)(1) (1982). He challenges three rulings by the trial court: (1) admitting testimony that following his arrest, Valencia refused to sign a form waiving his Miranda rights; (2) permitting a DEA agent to testify concerning his interpretation of the word “paperwork” as it was used in a monitored telephone conversation involving Valencia; and (3) delivering its primary charge to the jury, including its instruction…