U.S. v. Montijo-Dominguez

922 F.3d 1071 (2019) United States Court of Appeals for the Tenth Circuit 2019-04-25

Criminal appeal from convictions for conspiracy to possess with intent to distribute cocaine (result: claimant-won)

Facts

  1. 2 Agreement of two or more persons to the unlawful object satisfied proved
    Both Mr. Mendoza and Mr. Montijo asked the agents if they could complete the transaction elsewhere.
  2. 2 Agreement of two or more persons to the unlawful object satisfied proved
    Rather, the co-conspirators must share a common objective, or "common purpose or design."
  3. 2 Agreement of two or more persons to the unlawful object satisfied proved
    Contrary to Mr. Mendoza's and Mr. Montijo's assertions, there is enough evidence to support a common goal of distributing the six kilograms of cocaine.
  4. 2 Agreement of two or more persons to the unlawful object satisfied proved
    In addition, the jury heard testimony that Mr. Mendoza spoke to the agents about a "next time," a statement consistent with an intended narcotics arrangement, not extortion payments.
  5. 2 Agreement of two or more persons to the unlawful object satisfied proved
    Similarly, although Mr. Mendoza explained that he and Mr. Montijo drove around the parking lot because of a misunderstanding as to the meeting spot, 3 R. 1424, the agents described their driving as reflecting a "countersurveillance" pattern.
  6. 2 Agreement of two or more persons to the unlawful object satisfied proved
    Such evidence was sufficient to support a finding that Mr. Mendoza and Mr. Montijo conspired to possess with an intent to distribute large quantities of cocaine.
  7. 3 Knowledge of the unlawful agreement and objective satisfied proved
    He told Mr. Montijo about needing to give drug cartel members his life savings, but he claimed not to have told Mr. Montijo that the transaction involved narcotics.
  8. 3 Knowledge of the unlawful agreement and objective satisfied proved
    The agents declined, and Mr. Montijo handed cash, which was wrapped in clear plastic and in bundles, to them.
  9. 3 Knowledge of the unlawful agreement and objective satisfied proved
    There was also testimony that Mr. Montijo engaged in the conversation with the government agents, such that they believed him to be an experienced drug trafficker, id. at 969-70, 1133, and that he attempted to flee at the first sight of identifiable officers.
  10. 3 Knowledge of the unlawful agreement and objective satisfied proved
    The jury thus heard (and credited) evidence that Mr. Montijo was both aware of the nature of the transaction and was intimately involved.