United States v. Velasquez, No. 19-3543 (6th Cir. 2020)
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Cordero and Velasquez, convicted of conspiring to commit murder for hire and conspiring to distribute one kilogram of cocaine, argued that their convictions were not supported by sufficient evidence and challenged the admission of other-acts evidence under Federal Rule of Evidence 404(b). They also raised sentencing claims.
The Sixth Circuit affirmed, finding that the court did not plainly err in trying the defendants together. The record demonstrates a sufficient factual basis for their guilt on the charged offenses. The intent-to-murder, pecuniary-value, and conspiracy elements of murder for hire were met; the evidence was sufficient to convict the defendants of conspiring to distribute cocaine under 21 U.S.C. 846. The court correctly admitted the challenged bad-act evidence, as that evidence served permissible purposes under Rule 404(b) and was probative of contested issues in the case. The court accurately and succinctly conveyed the permissible purposes of Rule 404(b) evidence when it instructed the jury that it could consider evidence of defendants’ other crimes “only as it relates to the Government’s claim on Defendants’ intent, knowledge, or absence of mistake.” The court properly applied the Sentencing Guidelines to calculate Cordero’s base offense level. A limited remand is required; Velasquez, who was incorrectly sentenced as a career offender.
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