United States v. Velazquez-Fontanez

Docket Number18-1188,18-2265,19-1010,18-1215
Decision Date27 July 2021
The First Circuit confirmed the convictions of Carlos Velazquez-Fontanez and Jose D. Resto-Figueroa for various criminal offenses related to La Rompe ONU, a drug trafficking organization that operated in San Juan, Puerto Rico, and vacated the convictions of Ruben Cotto-Andino, holding that, as to Cotto-Andino, the court committed reversible error Specifically, the First Circuit held (1) the evidence against all three defendants was sufficient to support their RICO conspiracy convictions,...

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24 cases
  • United States v. Carmona-Bernacet
    • United States
    • U.S. District Court — District of Puerto Rico
    • April 25, 2022
    ..., a public housing facility], and [2] that the defendant knowingly and willfully joined in that conspiracy." United States v. Velázquez-Fontánez, 6 F.4th 205, 216 (1st Cir. 2021) ; see United States v. Ortiz, 447 F.3d 28, 32 (1st Cir. 2006) ("To prove a defendant guilty of the crime of cons......
  • United States v. Andino-Rodríguez
    • United States
    • U.S. Court of Appeals — First Circuit
    • August 21, 2023
    ...'have wide discretion in deciding whether an adequate foundation has been laid for the admission of evidence.' " United States v. Velazquez-Fontanez, 6 F.4th 205, 221 (1st Cir.) (quoting Veranda Beach Club Ltd. P'ship v. W. Sur. Co., 936 F.2d 1364, 1371 (1st Cir. 1991)), cert. denied, — U.S......
  • Jakuttis v. Town of Dracut
    • United States
    • U.S. District Court — District of Massachusetts
    • February 14, 2023
    ...device." Miranda v. Ponce Fed. Bank, 948 F.2d 41, 44 (1st Cir. 1991), abrogated on other grounds by United States v. Velazquez-Fontanez, 6 F.4th 205, 213 n.2 (1st Cir. 2021). Accordingly, "it would be unjust if a RICO plaintiff could defeat a motion to dismiss simply by asserting an inequit......
  • Birmingham v. Doe
    • United States
    • U.S. District Court — Southern District of Florida
    • January 5, 2023
    ... ... No. 21-CV-23472-SCOLA/GOODMAN United States District Court, S.D. Florida, Miami Division January 5, 2023 ...           ... abrogation on other ground recognized in United States v ... Velazquez-Fontanez , 6 F.4th 205 (1st Cir. 2021) (holding ... that “in assessing the longevity of a RICO ... ...
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4 books & journal articles
  • Racketeer influenced and corrupt organizations
    • United States
    • American Criminal Law Review No. 60-3, July 2023
    • July 1, 2023
    ...Cir. 2006); United States v. Hurley, 63 F.3d 1, 21 (1st Cir. 1995), abrogated on other grounds by United States v. Velazquez-Fontanez, 6 F.4th 205 (1st Cir. 2021). But see United States v. Neff, 787 F. App’x 81, 96 (3d Cir. 2019) (conf‌irming the “proceeds” refers to gross prof‌its, not rec......
  • Racketeer Influenced and Corrupt Organizations
    • United States
    • American Criminal Law Review No. 59-3, July 2022
    • July 1, 2022
    ...to alleviate unreasonable burden on government to prove prof‌its), abrogated on other grounds by United States v. Velazquez-Fontanez, 6 F.4th 205 (1st Cir. 2021). But see United States v. Segal, 495 F.3d 826, 839 (7th Cir. 2007) (conf‌irming that “proceeds” refers to net, not gross, proceed......
  • Financial Institutions Fraud
    • United States
    • American Criminal Law Review No. 60-3, July 2023
    • July 1, 2023
    ...63 F.3d 1, 13 (1st Cir. 1995) (rejecting Fifth Amendment claim), abrogated on other grounds by United States v. Velazquez-Fontanez, 6 F.4th 205, 213 n.2 (1st Cir. 2021); United States v. Camarena, 973 F.2d 427, 428–29 (5th Cir. 1992) (rejecting the same); United States v. Mickens, 926 F.2d ......
  • Financial Institutions Fraud
    • United States
    • American Criminal Law Review No. 59-3, July 2022
    • July 1, 2022
    ...63 F.3d 1, 13 (1st Cir. 1995) (rejecting Fifth Amendment claim), abrogated on other grounds by United States v. Velazquez-Fontanez, 6 F.4th 205, 213 n.2 (1st Cir. 2021); United States v. Camarena, 973 F.2d 427, 428–29 (5th Cir. 1992) (rejecting the same); United States v. Mickens, 926 F.2d ......

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