United States v. Delgado — 367 F. Supp. 3d 286 (2019) · United States District Court for the Middle District of Pennsylvania · 2019

United States District Court for the Middle District of Pennsylvania · 2019-02-13

21usc846: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)

Original case on neochart.com

Case and law context

21 U.S.C. § 846

Role: applied; posture: Post-verdict Rule 29 motion for judgment of acquittal on multi-count drug and sex trafficking indictment; denied as to the § 846 count (Count 6); result: claimant-won; claim:

Uncertainty

None recorded

Misfit

The defendant was acquitted under Rule 29 on the minor sex-trafficking conspiracy (Count 5) for lack of knowledge, but his conviction on the drug distribution conspiracy (Count 6) was sustained.

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 8

21 U.S.C. § 846
CaseIdentified offense in Subchapter IAgreement of two or more persons to the unlawful objectKnowledge of the unlawful agreement and objectiveKnowing and voluntary participation in the agreementWithdrawal before the applicable limitations periodIntent to commit the identified object offense
United States v. Delgado — 367 F. Supp. 3d 286 (2019) · United States District Court for the Middle District of Pennsylvania · 2019 (21usc846: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed· not addressed

Elements 7–8 of 8

21 U.S.C. § 846
CaseConduct beyond preparation strongly corroborating intentObject-offense penalty incorporation
United States v. Delgado — 367 F. Supp. 3d 286 (2019) · United States District Court for the Middle District of Pennsylvania · 2019 (21usc846: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
United States v. Delgado — 367 F. Supp. 3d 286 (2019) · United States District Court for the Middle District of Pennsylvania · 2019 — satisfied · proved (21usc846: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Agreement of two or more persons to the unlawful objectsatisfied
Counted merits instance
applied / merits

basis: proved

Testimony of the ring's leader, his son and the victims that drugs were routinely handed down through drivers to the women established an agreement among the participants to distribute. The challenge was cursory and the court addressed no narrower doctrinal question.
prostitution-ring/drugs-supplied-to-victims-as-payment
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.
Source: docroot/ir/caselaw/f_supp_3d_367.jsonl#/f-supp-3d/367/0286-01; Unicode character offsets [17983:18407] (end exclusive); SHA-256 6da2fad840dd9eda195445935993c1f3b3e2f24776499785931141362cb902b7.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Albert-the admitted leader of the prostitution operation-testified extensively about how distribution of drugs was integral to the organization.
Source: docroot/ir/caselaw/f_supp_3d_367.jsonl#/f-supp-3d/367/0286-01; Unicode character offsets [26722:26866] (end exclusive); SHA-256 6da2fad840dd9eda195445935993c1f3b3e2f24776499785931141362cb902b7.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

He explained that he often gave drugs directly to his female victims or to drivers who would in turn give them to the girls.
Source: docroot/ir/caselaw/f_supp_3d_367.jsonl#/f-supp-3d/367/0286-01; Unicode character offsets [26900:27024] (end exclusive); SHA-256 6da2fad840dd9eda195445935993c1f3b3e2f24776499785931141362cb902b7.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.
Source: docroot/ir/caselaw/f_supp_3d_367.jsonl#/f-supp-3d/367/0286-01; Unicode character offsets [27265:27436] (end exclusive); SHA-256 6da2fad840dd9eda195445935993c1f3b3e2f24776499785931141362cb902b7.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.
Source: docroot/ir/caselaw/f_supp_3d_367.jsonl#/f-supp-3d/367/0286-01; Unicode character offsets [28229:28390] (end exclusive); SHA-256 6da2fad840dd9eda195445935993c1f3b3e2f24776499785931141362cb902b7.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Delgado — 367 F. Supp. 3d 286 (2019) · United States District Court for the Middle District of Pennsylvania · 2019 — satisfied · proved (21usc846: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Knowing and voluntary participation in the agreementsatisfied
Counted merits instance
applied / merits

basis: proved

The leader's testimony that he gave Armando drugs to pass to the women, plus Armando's own admissions to a jailhouse witness, established membership; the same sentence also disposes of knowledge, which gets no separate analysis.
driver-given-drugs-to-supply-victims/own-admissions
He further attested that he gave drugs to both D'Ambrosio and Armando to "supply the girls."
Source: docroot/ir/caselaw/f_supp_3d_367.jsonl#/f-supp-3d/367/0286-01; Unicode character offsets [27155:27247] (end exclusive); SHA-256 6da2fad840dd9eda195445935993c1f3b3e2f24776499785931141362cb902b7.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

According to Simmons, Armando was "pretty adamant that he was selling marijuana."
Source: docroot/ir/caselaw/f_supp_3d_367.jsonl#/f-supp-3d/367/0286-01; Unicode character offsets [27889:27970] (end exclusive); SHA-256 6da2fad840dd9eda195445935993c1f3b3e2f24776499785931141362cb902b7.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Moreover, in the handwritten document Armando gave to Simmons, Armando wrote "Dilverd [sic] controlled sub[stances]" in the "True" column.
Source: docroot/ir/caselaw/f_supp_3d_367.jsonl#/f-supp-3d/367/0286-01; Unicode character offsets [28003:28141] (end exclusive); SHA-256 6da2fad840dd9eda195445935993c1f3b3e2f24776499785931141362cb902b7.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.
Source: docroot/ir/caselaw/f_supp_3d_367.jsonl#/f-supp-3d/367/0286-01; Unicode character offsets [28391:28667] (end exclusive); SHA-256 6da2fad840dd9eda195445935993c1f3b3e2f24776499785931141362cb902b7.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

We will deny Armando's Rule 29 motion as to Count 6.
Source: docroot/ir/caselaw/f_supp_3d_367.jsonl#/f-supp-3d/367/0286-01; Unicode character offsets [28668:28720] (end exclusive); SHA-256 6da2fad840dd9eda195445935993c1f3b3e2f24776499785931141362cb902b7.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case