Sufficiency of Evidence – Admittance of Evidence

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7^th Circuit Court of Appeals

Case Name: United States of America v. Jesus Malagon

Case No.: 18-3200

Officials: SYKES, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.

Focus: Sufficiency of Evidence – Admittance of Evidence

A jury convicted Jesus Malagon of conspiracy with intent to distribute cocaine and possession of cocaine with intent to distribute, 21 U.S.C. §§ 846, 841(a)(1). The district court imposed a below-Guidelines sentence of 60 months’ imprisonment, which reflected the statutory minimum. Malagon now appeals the conviction, arguing that the district court improperly admitted testimony, which tainted the conviction. He asserts that absent the improperly admitted testimony, there was insufficient evidence to support the conviction.

We note that, even if Malagon had succeeded in establishing plain error, any such error would be harmless. The challenged testimony addressed whether Malagon was referring to cocaine in his discussions, but any possible ambiguity as to whether the words referred to a narcotics deal was set to rest when Malagon brought Amador and the informant into the garage to reveal the two kilograms of cocaine and referred to it as the promised delivery. The decision of the district court is AFFIRMED.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.