United States v. Bobadilla-Pagan
747 F.3d 26
1st Cir.2014Background
- DEA searched Bobadilla's residence and van after arresting Patrón; Bobadilla accompanied agents to retrieve his license from his minivan where marijuana and a firearm were discovered; 210 grams of marijuana found with a loaded nine-millimeter Beretta in a fanny pack three feet from the drugs; Bobadilla admitted ownership of the drugs and gun; jury convicted him on possession with intent to distribute and possession of a firearm in furtherance of a drug trafficking offense; district court denied Rule 29 motions and sentenced him to zero months on Count One and 60 months on Count Two; on appeal, Bobadilla challenges the sufficiency of the evidence for both counts; standard of review is de novo with deference to jury credibility; sufficient evidence must allow a plausible verdict; the court affirms both convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession with intent to distribute | Bobadilla lacked intent to distribute. | The marijuana was for personal use and not for distribution. | Evidence supports plausible inference of distribution and upheld. |
| Sufficiency of evidence for possession of firearm in furtherance of drug trafficking | No nexus between firearm and drug trafficking proven. | Gun merely present with drugs; not shown to aid trafficking. | Evidence supports that firearm was in furtherance of the drug trafficking crime. |
Key Cases Cited
- Cormier v. United States, 468 F.3d 63 (1st Cir.2006) (factors for inferring intent to distribute from quantity, purity, and related circumstances)
- Cortés-Cabán v. United States, 691 F.3d 1 (1st Cir.2012) (plausible rendition standard for reviewing sufficiency of evidence; distribution defined broadly)
- Grace v. United States, 367 F.3d 29 (1st Cir.2004) (proximity/availability of firearm and drug context support in furtherance finding)