United States v. Acosta-Gallardo, No. 10-8075 (10th Cir. 2011)
Annotate this CaseA jury convicted Defendant Cesar Acosta-Gallardo on one count of conspiracy to traffic methamphetamine, and on one count of using a telephone to facilitate a felony drug offense. Defendant appealed his conviction, alleging a variance, a "Brady" violation, improper venue, and that insufficient evidence was presented to sustain his conviction for alleged trafficking. Upon review of the trial court record and Defendant’s appellate brief, the Tenth Circuit concluded the government presented ample evidence of interdependence among Acosta-Gallardo and his co-defendants: "[d]rawing reasonable inferences in favor of the jury’s verdict, ample evidence existed to support the jury’s finding that Acosta-Gallardo [was] involved in a single conspiracy. Thus, Acosta-Gallardo’s sufficiency-of-the-evidence challenge fails." The Court affirmed the lower court’s decisions in all other respects, and affirmed Defendant’s convictions.
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