United States v. Delgado
Post-verdict Rule 29 motion for judgment of acquittal on multi-count drug and sex trafficking indictment; denied as to the ยง 846 count (Count 6) (result: claimant-won)
Facts
- 2 Agreement of two or more persons to the unlawful object satisfied proved
Each of these conspiracies has a unique objective, but otherwise consists of the same basic elements: (1) that two or more persons agreed to commit an offense; (2) that the defendant was a party to or member of that agreement; and (3) that the defendant joined the agreement or conspiracy knowing of its unlawful objective and intending to join together with at least one other alleged conspirator to achieve that objective.
- 2 Agreement of two or more persons to the unlawful object satisfied proved
Albert-the admitted leader of the prostitution operation-testified extensively about how distribution of drugs was integral to the organization.
- 2 Agreement of two or more persons to the unlawful object satisfied proved
He explained that he often gave drugs directly to his female victims or to drivers who would in turn give them to the girls.
- 2 Agreement of two or more persons to the unlawful object satisfied proved
Keanu, Albert's son, confirmed that the operation involved drugs, including oxycodone, heroin, cocaine, "Molly," and marijuana, which were often used as a form of payment.
- 2 Agreement of two or more persons to the unlawful object satisfied proved
It shows existence of an agreement between at least four conspirators to distribute various drugs to female victims, often as a form of payment for prostitution.
- 4 Knowing and voluntary participation in the agreement satisfied proved
He further attested that he gave drugs to both D'Ambrosio and Armando to "supply the girls."
- 4 Knowing and voluntary participation in the agreement satisfied proved
According to Simmons, Armando was "pretty adamant that he was selling marijuana."
- 4 Knowing and voluntary participation in the agreement satisfied proved
Moreover, in the handwritten document Armando gave to Simmons, Armando wrote "Dilverd [sic] controlled sub[stances]" in the "True" column.
- 4 Knowing and voluntary participation in the agreement satisfied proved
The evidence also demonstrates Armando's membership and participation in that agreement, as well as his knowledge of the conspiracy and his intent to accomplish its specific objective-the distribution and possession with intent to distribute oxycodone, cocaine, and marijuana.
- 4 Knowing and voluntary participation in the agreement satisfied proved
We will deny Armando's Rule 29 motion as to Count 6.