United States v. Delgado, No. 09-3969 (8th Cir. 2011)
Annotate this CaseDefendant was convicted of conspiring to distribute five kilograms or more of cocaine, four counts of distribution of less than five hundred grams of cocaine, one count of conspiracy to commit money laundering, and four counts of money laundering. Defendant appealed his convictions, arguing that there was a prejudicial variance between the indictment and the evidence presented at trial. Defendant also asserted that there was insufficient evidence to sustain his convictions for distribution of cocaine, conspiracy to commit money laundering, and money laundering. The court held that the trial record supported a finding of a single conspiracy and therefore, defendant failed to establish plain error. The court also held that defendant could not establish prejudice from the government's presentation of evidence. The court further held that the evidence was sufficient for a reasonable jury to conclude that defendant engaged in money laundering with intent to conceal. The court finally held that the record supported a finding beyond a reasonable doubt that defendant committed the offenses of money laundering and conspiracy to launder money. Accordingly, the judgment of the district court was affirmed.
Court Description: Criminal case - Criminal law. Claim of fatal variance between the indictment, which alleged a single conspiracy, and the evidence at trial rejected; evidence was sufficient to support defendant's convictions for distribution of cocaine, conspiracy to commit money laundering and money laundering.
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