United States v. Delgado
2012 U.S. App. LEXIS 3503
| 5th Cir. | 2012Background
- Delgado owned TJ Trucking, a produce-hauling business; Vasquez acted as a longtime broker contact who planned to work with Delgado on shipments.
- Delgado allegedly offered Vasquez $10,000 to conceal marijuana in a TJ Trucking broccoli shipment bound for North Carolina; Vasquez initially refused but later cooperated with ICE.
- Recorded conversations showed Delgado coordinating two bills of lading and discuss how to conceal marijuana in the shipment, including weight and loading details.
- ICE and other agents searched Delgado’s property, discovering 507 pounds of marijuana in the tractor-trailer cab, plus guns, ammunition, and drugs-related residues; Delgado claimed no knowledge and blamed her drivers.
- Vasquez testified Delgado planned to transport and resell the marijuana, and there was evidence Delgado had exclusive control over the truck during the seizure.
- Delgado was convicted by a jury of possession with intent to distribute marijuana and conspiracy to commit the same offense; the district court imposed concurrent 100-month sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy | Delgado argues the record shows only buyer-seller relations, no true conspiracy | Government contends substantial evidence supported a conspiracy, including supplier and buyer with shared intent | Sufficient evidence supported conspiracy; no plain-error to reverse |
| Prosecutorial misconduct in closing | Misconduct prejudiced Delgado by suggesting she lied to investigators | Misconduct was harmless given strong evidence of knowledge and one brief remark | No reversible error; convictions affirmed |
| Deliberate-ignorance instruction | Instruction misleadingly framed knowledge requirement | Evidence showed actual knowledge; instruction harmless | Harmless error; no reversal |
| Sears instruction omission | District court should have given Sears instruction regarding government informant | Insufficient co-conspirator evidence; Sears instruction unnecessary | No plain error; no reversal |
Key Cases Cited
- Olano v. United States, 507 U.S. 725 (U.S. 1993) (four-prong plain-error test; governs forfeited errors)
- Puckett v. United States, 556 U.S. 129 (U.S. 2009) (plain-error review; no exception for forfeiture)
- Atkinson v. United States, 297 U.S. 157 (U.S. 1936) (plain-error framework origin; discretion to correct errors affecting fairness)
- Silber v. United States, 370 U.S. 717 (U.S. 1962) (plain-error review for unpreserved errors)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of the evidence standard; not ‘no evidence’ rule)