United States v. Moreno

922 F.3d 787 (2019) United States Court of Appeals for the Seventh Circuit 2019-04-25

criminal appeal from conviction for conspiracy to possess narcotics with intent to distribute (21 U.S.C. ยง 846); sufficiency of evidence affirmed against buyer-seller challenge (result: claimant-won)

Facts

  1. 2 Agreement of two or more persons to the unlawful object satisfied proved
    Rather, "the government must offer evidence establishing an agreement to distribute drugs that is distinct from evidence of the agreement to complete the underlying drug deals."
  2. 2 Agreement of two or more persons to the unlawful object satisfied proved
    Specifically, Torres testified that from mid-2012 until Moreno's arrest in July 2013, he or an associate provided two to four kilograms of heroin to Moreno once or twice a month.
  3. 2 Agreement of two or more persons to the unlawful object satisfied proved
    Additionally, there is evidence of at least two instances when Moreno purchased the heroin on credit.
  4. 2 Agreement of two or more persons to the unlawful object satisfied proved
    She urged Torres to "drop those phones" and told him that police "follow[ed]" her from Chicago.
  5. 2 Agreement of two or more persons to the unlawful object satisfied proved
    Torres testified he paid for the repair and did not seek repayment from Moreno because Guzman said he would cover the costs.
  6. 2 Agreement of two or more persons to the unlawful object satisfied proved
    And unlike other DTO members, Moreno did not use the Guzman DTO stash house, did not have an agreement with the Guzman DTO to look for customers, and did not receive a commission.
  7. 2 Agreement of two or more persons to the unlawful object satisfied proved
    In sum, the government offered sufficient evidence to support the jury's inference that Moreno knowingly agreed to participate in a drug-trafficking conspiracy, not a mere buyer-seller relationship.