United States v. Dellosantos
649 F.3d 109
| 1st Cir. | 2011Background
- Dellosa nto s and Szpyt were charged in a multi-count indictment with conspiracy to distribute cocaine and marijuana in Count 1.
- Two principal co-operating witnesses, Vizcaíno and Sanborn, testified; Vizcaíno supplied cocaine to Dellosantos, while Sanborn led a Maine marijuana distribution network.
- Government evidence tied Szpyt to cocaine distribution and Sanborn’s marijuana operations, but Dellosantos’ and Szpyt’s links to marijuana were not established through their own conduct.
- Three key conspiracies emerged in the record: Vizcaíno-Dellosantos-Szpyt (cocaine); Sanborn-centered (cocaine and marijuana); and a Maine-wide marijuana distribution network.
- Court held the trial evidence showed at least two separate conspiracies, not a single overarching conspiracy charged in Count 1.
- Because the indictment charged one Maine-based conspiracy and the trial evidence proved different conspiracies with insufficient interdependence, the convictions were vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence proves a single conspiracy | Dellosantos argues for a unified conspiracy. | Dellosantos and Szpyt contend multiple conspiracies; variance prejudices them. | Convictions vacated due to prejudicial variance and insufficient single-conspiracy finding. |
| Whether Dellosantos and Szpyt joined the Sanborn-centered conspiracy | Evidence ties them to Sanborn’s marijuana operation. | No proof they knowingly joined the Maine marijuana conspiracy. | Insufficient evidence to prove joint participation in Sanborn-centered conspiracy. |
| Whether variance between indictment and proof was unfairly prejudicial | Griffin-based approach supports conviction despite variance. | Variance caused unfair prejudice via evidentiary spillover. | Variance unfairly prejudicial; convictions vacated. |
Key Cases Cited
- Mangual-Santiago, 562 F.3d 411 (1st Cir.2009) (three-factor framework for single vs multiple conspiracies)
- Portalla, 496 F.3d 23 (1st Cir.2007) (elements of conspiracy including knowledge and participation)
- Glenn, 828 F.2d 855 (1st Cir.1987) (overlap and hub conspirator relevance to single conspiracy)
- Griffin v. United States, 502 U.S. 46 (S. Ct.1991) (general verdict on dual-object conspiracy; sufficiency for one object can sustain verdict)
- Yelaún, 541 F.3d 415 (1st Cir.2008) (variance and prejudice considerations in conspiracies)