United States v. Maldonado
United States Court of Appeals for the First Circuit
23 F.3d 4 (1994)
Cooperating seaman Santos arranged to deliver cocaine to a dealer named Palestino at a Puerto Rico hotel; when Palestino failed to appear, Santos was met instead by Zavala Maldonado (defendant), a claimed friend of Palestino who made phone calls trying to reach him, suggested temporarily moving the drugs to another room with his own friends (which Santos refused), and eventually left the room with Santos while the drug-filled bag remained behind. Zavala was detained by customs agents and convicted of possession with intent to distribute, arguing on appeal that the evidence was insufficient because he never had actual physical possession of the drugs.
Whether a defendant may be convicted of drug possession under 21 U.S.C. § 841(a)(1) when he has constructive rather than immediate physical possession of the drugs.