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United States v. Baca

United States District Court, D. New Mexico

January 31, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ANTHONY RAY BACA, a.k.a. “Pup”; CHRISTOPHER GARCIA; MANUEL JACOB ARMIJO, a.k.a. “Big Jake”; FREDERICO MUNOZ, a.k.a. “Playboy”; SERGIO LOYA RODRIGUEZ, a.k.a. “Churro”; MANUEL BENITO, a.k.a. “Panther”; VINCENT GARDUÑO, a.k.a. “Fatal”; MANDEL LON PARKER, a.k.a. “Chuco”; DANIEL ARCHULETA, a.k.a. “Smurf”; DANIEL SANCHEZ, a.k.a. “Dan Dan”; ANTHONY CORDOVA, a.k.a. “Antone, ” and ARTURO ARNULFO GARCIA, a.k.a. “Shotgun, ” Defendants.

          Fred Federici Attorney for the United States A and John C. Anderson United States Attorney Maria Ysabel Armijo Randy M. Castellano Matthew Beck Assistant United States Attorneys United States Attorney's Office Las Cruces, New Mexico Attorneys for the Plaintiff

          Theresa M. Duncan Duncan, Earnest, LLC and Marc M. Lowry Rothstein Donatelli, LLP Attorneys for Defendant Anthony Ray Baca

          Christopher W. Adams Charleston, South Carolina and Amy Sirignano Law Office of Amy Sirignano, P.C. Attorneys for Defendant Christopher Garcia

          Todd Bruce Hotchkiss Todd B. Hotchkiss, Attorney at Law, LLC Attorney for Manuel Jacob Armijo

          Louis E. Lopez, Jr. El Paso, Texas Attorney for Frederico Munoz

          Donald F. Kochersberger, III Business Law Southwest, LLC Attorneys for Sergio Loya Rodriguez

          Susan Burgess-Farrell Barry G. Porter Burgess & Porter Law, LLC Attorneys for Manuel Benito

          Diego R. Esquibel and R. Scott Reisch Reisch Law Firm, LLC Attorneys for Vincent Garduño

          Marc Grano Attorney for Mandel Lon Parker

          James Baiamonte and Ahmad Assed Ahmad Assed & Associates Attorneys for Daniel Archuleta

          Lauren Noriega and Amy E. Jacks Attorneys for Defendant Daniel Sanchez

          Marcia A. Morrissey and Gregory M. Acton Attorneys for Anthony Cordova

          Scott Moran Davidson and Billy R. Blackburn Attorneys for Defendant Arturo Arnulfo Garcia

          MEMORANDUM OPINION AND ORDER

         THIS MATTER comes before the Court on the Email from Greg Acton to the Court (sent July 21, 2018), filed July 23, 2018 (Doc. 878)(“Email”). The primary issue is whether, in Jury Instruction No. 26, which defines “engaging in racketeering activity” for the purposes of the statute on Violent Crimes in Aid of Racketeering Activity, 18 U.S.C. § 1959 (“VICAR”), the Court's Sixth Proposed Jury Instructions (with citations), Jury Instruction No. 26, filed July 20, 2018 (Doc. 860)(“Jury Instructions”), the Court should instruct the jury that the “government must show that an individual acting on behalf of the [Syndicato de Nuevo Mexico (“SNM”)] gave the controlled substance to another person knowing that that person would further distribute it and that an agreement existed between these individuals to so further distribute the controlled substance.” Email at 1 (citing United States v. Bowline, 674 Fed.Appx. 781');">674 Fed.Appx. 781 (10th Cir. 2016)(unpublished); United States v. Andino, 101 F.Supp.2d 171, 175 (S.D.N.Y. 2000)(Cedarbaum, J.)). According to Defendant Anthony Cordova, the requested instruction “clarif[ies] that not all bad acts commonly committed by enterprise members are acts of the enterprise itself.” Email at 2. Cordova cites United States v. Bowline to exemplify that “‘a common goal to obtain [a] drug' is not the same as the interdependent and coordinated action of an enterprise to obtain the drug.” Email at 2 (citation omitted)(alteration in Email)(citing United States v. Bowline, 674 ...


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