United States v. Cruz

Tommy Cruz (defendant) was recruited to assault several men and later attended a meeting where his co-defendant, Carlos Medina, asked him to 'watch his back' during what Cruz was told was a business deal at a restaurant. Unbeknownst to Cruz, Medina was under DEA surveillance for a planned drug transaction with a confidential informant, Ramos; Cruz and another man sat separately in the restaurant while Medina and Ramos discussed the deal, and everyone left separately before Medina returned in a car driven by Cruz, at which point Medina directed Ramos into the back seat where the drugs were hidden, and DEA agents arrested Cruz and Medina. The government charged Cruz with possession with intent to distribute heroin, and although a DEA agent testified Cruz denied knowing the deal involved drugs, only that it was a deal Medina had initiated, Cruz was convicted.