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United States of America v. Fernando King

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ARGUED SEPTEMBER 9, 2010

Before WOOD, EVANS, and TINDER,Circuit Judges.

Fernando King, a high-ranking member (his title was “Supreme Inca”) of the Latin Kings street gang, was charged with conspiracy to possess with intent to distribute in excess of five kilograms of cocaine (count one) and attempted possession with intent to distribute 500 grams or more of cocaine (count two), in violation of 21 U.S.C. § 846. The government’s theory of the case was that King and Augustin Zambrano, an even higher-ranking member (a “Corona”) of the Latin Kings, agreed to accept money and drugs from a lower-ranking Latin King who wanted “protection” for his cocaine business. The fly in the ointment was that the Latin King seeking protection, Jesse Guajardo, was secretly working as an informant for the government. After a week-long trial, a jury convicted King on both counts. He was subsequently sentenced to a term of 240 months.

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