United States v. Rojas

Defendants appealed their convictions and sentences stemming from their involvement in a Colombian conspiracy to import thousands of kilograms of cocaine to the United States. Defendants raised numerous issues on appeal. The court rejected Defendants Cabalcante and Piñeda's challenge to the constitutionality of 21 U.S.C. 959 and 963, concluding that the Comprehensive Drug Abuse Prevention and Control Act of 1970 has been upheld several times as a valid exercise of Congress's commerce power; the district court did not plainly err by applying 21 U.S.C. 959 and 963 extraterritorially because doing so is consistent with international law and does not violate due process principles where defendants were charged with acting with the intent or knowledge that drugs would be unlawfully imported into the United States; the court concluded that venue was proper and the district court did not err by declining to give two proposed jury instructions on venue; the district court properly denied the motion to suppress all wiretap conversations recorded in Colombia, the motion to reconsider, and the motion for a new trial; the district court did not abuse its discretion when it denied the new trial motions where the alleged new evidence is irrelevant in this case; the district court did not abuse its discretion by refusing to instruct the jury on specific intent; the evidence was sufficient to convict defendants; and the court rejected defendants' remaining claims. Accordingly, the court affirmed the judgment. View "United States v. Rojas" on Justia Law