139 F.4th 314
4th Cir.2025Background
- Three members of the MS-13 gang (Contreras-Avalos, Jacome, Flores-Reyes) were charged and convicted in federal court for murders and other crimes related to gang activities in Maryland and Virginia.
- The defendants were found guilty on all counts after a two-week jury trial, including murder in aid of racketeering (VICAR), RICO conspiracy, extortion, and drug trafficking.
- After conviction, Jacome and Flores-Reyes appealed, arguing that two misstatements referring to "conspiracy" in oral jury instructions fatally varied from the charges in the indictment (which were not for conspiracy), even though correct written instructions were given.
- All appellants also challenged their convictions based on insufficient evidence, arguing witness credibility and lack of physical evidence.
- The district court denied all post-trial motions and sentenced each defendant to life imprisonment (with concurrent lesser terms for some offenses).
- The Fourth Circuit reviewed the alleged instructional error for plain error and reviewed sufficiency and new trial motions under well-established standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Erroneous references to "conspiracy" in jury charge | Jacome and Flores-Reyes: Misstatements in oral instructions created a fatal variance warranting reversal of murder convictions. | Government: Errors corrected in written instructions; no prejudice; jurors not confused. | No plain error; corrected written instructions prevented prejudice. |
| Sufficiency of evidence for VICAR murder (Jacome) | Jacome: Evidence only supports assault, lacked proof of murder/motive for gang status. | Government: Testimony and circumstantial evidence proved Jacome’s active involvement in murder. | Sufficient evidence; verdict affirmed. |
| Sufficiency of evidence for VICAR murder (Flores-Reyes) | Flores-Reyes: No evidence he aided/abetted or sanctioned Wood murder; testimony inconsistent. | Government: Testimony showed he enabled, facilitated, and encouraged the murder; role established. | Sufficient evidence; verdict affirmed. |
| Sufficiency of evidence for RICO/drug conspiracy | Contreras-Avalos: Only cooperator testimony, no physical evidence; witnesses unreliable. | Government: Credibility issues are for jury; corroborating testimony exists. | Jury entitled to believe testimony; conviction affirmed. |
Key Cases Cited
- United States v. Huskey, 90 F.4th 651 (4th Cir. 2024) (articulates the standard for viewing evidence on appeal in the light most favorable to the government)
- United States v. Banks, 29 F.4th 168 (4th Cir. 2022) (lays out the rule for constructive amendment and fatal variance from indictment)
- United States v. Burgos, 94 F.3d 849 (4th Cir. 1996) (sets standard for sufficiency of evidence in criminal cases)
- Rosemond v. United States, 572 U.S. 65 (2014) (explains aiding and abetting liability requirements)
- United States v. Zelaya, 908 F.3d 920 (4th Cir. 2018) (interprets VICAR purpose element for gang-related crimes)
- United States v. Tipton, 90 F.3d 861 (4th Cir. 1996) (purpose element of VICAR murder established by gang retaliation policy)