United States v. Luz Fajardo Campos
137 F.4th 840
D.C. Cir.2025Background
- Appellant was convicted by a jury in the District of Columbia for conspiracy to distribute cocaine and manufacture/distribute methamphetamine, knowing the drugs would be imported into the U.S., in violation of 21 U.S.C. §§ 959(a), 960(b), and 963.
- The charged conduct spanned several countries, primarily outside the U.S., with key drug seizures in Arizona and Mississippi; appellant was arrested in Colombia, then brought to the U.S.
- She was sentenced to 264 months' imprisonment, 60 months’ supervised release, and ordered to forfeit $18 million.
- On appeal, appellant challenged (1) venue in D.C., (2) sufficiency of evidence of a single conspiracy, (3) effectiveness of counsel, and (4) various sentencing enhancements and the forfeiture order.
- The D.C. Circuit reviewed for plain error (as relevant) and considered statutory, constitutional, and guideline interpretations.
Issues
| Issue | Appellant's Argument | Government's Argument | Held |
|---|---|---|---|
| Venue in D.C. for extraterritorial conspiracy | No part of the conspiracy occurred in D.C.; thus, improper venue. | Venue proper under 18 U.S.C. § 3238 and 21 U.S.C. § 959(c). | Venue was proper; no plain error; constitutional challenge rejected. |
| Single vs. multiple conspiracies | Evidence showed separate agreements, not one overarching conspiracy. | Overlapping actors and goals evidenced a single conspiracy. | Jury could reasonably find a single conspiracy existed. |
| Ineffective assistance of counsel | Counsel failed to request instructions on multiple conspiracies. | Reasonable strategy to contest involvement altogether, not structure. | No deficient performance under Strickland; claim rejected. |
| Sentencing and forfeiture | Errors in enhancements (drug quantity, aircraft use, bribery, etc.) | Sentencing supported by record; even if error, did not affect outcome | No reversible error; enhancements and forfeiture order affirmed. |
Key Cases Cited
- United States v. Miller, 808 F.3d 607 (2d Cir. 2015) (discusses constitutional venue requirements)
- Whitfield v. United States, 543 U.S. 209 (2005) (explains conspiracy completion at agreement formation)
- United States v. Griffin, 502 U.S. 46 (1991) (jury's guilty verdict on any one act sustains conviction)
- Strickland v. Washington, 466 U.S. 668 (1984) (sets two-prong test for ineffective assistance of counsel)