United States v. Palacios
2012 U.S. App. LEXIS 8697
| 4th Cir. | 2012Background
- MS-13 is a transnational gang organized into local cliques; Palacios cofounded Langley Park Salvatruchas (LPS) and acted as its second word and later first word.
- Palacios was charged with conspiracy to participate in racketeering, conspiracy to commit murder in aid of racketeering, murder in aid of racketeering, and firearms offenses related to a racketeering enterprise.
- Evidence showed an MS-13 conspiracy in Maryland; Diaz murder and related acts were central to the charges.
- District court admitted expert and lay testimony about MS-13 structure, violence, and operations, and allowed certain 404(b)-like testimony as part of the conspiracy.
- Trial proceeded July 15–August 8, 2008; Palacios was convicted by a jury and sentenced to life plus 240 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Norris's expert testimony violated Crawford Confrontation Clause | Palacios argues Norris's testimony relied on testimonial hearsay | Palacios contends expert relied on hearsay from interviews | No Crawford violation; expert testimony permissible through independent judgment |
| Whether government proof of prior bad acts required Rule 404(b) notice | Palacios claims 404(b) disclosure was lacking | Evidence was intrinsic or part of the conspiracy, not 404(b) | Not Rule 404(b); disclosures not required given intrinsic/conspiracy context |
| Whether Garcia-Martinez testimony was admissible under Rule 16 as non-agent statement | Palacios claims informant acted as government agent; disclosure required | Garcia-Martinez not a government agent; no pretrial disclosure needed | Admissible; no Rule 16 violation; not a government agent |
| Whether evidence was sufficient to prove MS-13 enterprise and VICAR murder | Evidence insufficient to show enterprise and murder in aid | Evidence showed ongoing association and common purpose; murders tied to conspiracy | Sufficient evidence to prove MS-13 enterprise and murder in aid of racketeering |
Key Cases Cited
- United States v. Basham, 561 F.3d 302 (4th Cir. 2009) (intrinsic acts and conspiracy context exclude 404(b) concerns)
- United States v. Ayala, 601 F.3d 256 (4th Cir. 2010) (reliance on expert testimony informed by multiple sources does not violate Crawford)
- United States v. Janati, 374 F.3d 263 (4th Cir. 2004) (acts admitted to complete the story of the crime in conspiracy cases)
- Boyle v. United States, 556 U.S. 938 (2009) (enterprise requires three structural features; association-in-fact may lack hierarchy)
- Turkette, 452 U.S. 576 (1981) (enterprise requires ongoing organization and continuing unit)
- United States v. Johnson, 587 F.3d 625 (4th Cir. 2009) (Confrontation Clause considerations for expert testimony that relies on hearsay)