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United States v. Bernal-Benitez

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[PUBLISH]

Before TJOFLAT, BLACK and COX, Circuit Judges.

On July 10, 2007, FBI agents arrested Fabian Bernal-Benitez (“Bernal”), Mario Miguel Santibanez-Antunez (“Santibanez”), Fredy Villafuerte, and Jesus Cervantes-Guzman (“Cervantes”) for attempting to buy cocaine from an FBI informant in Miami. On August 30, 2007, a Southern District of Florida grand jury returned a five-count indictment against the four arrestees. Count 1 charged all four with violating 21 U.S.C. § 846 by conspiring to possess cocaine from July 9, 2007, to July 10, 2007, with the intent to distribute. Count 2 charged them with attempting to possess cocaine with the intent to distribute on July 10, 2007, in violation of 21 U.S.C. § 846.*fn1 Counts 3, 4, and 5 charged Bernal, Santibanez, and Cervantes, respectively, with an immigration violation.*fn2 Bernal, Santibanez, and Cervantes each pled guilty to his respective immigration violation, but all four men proceeded to trial before a jury on Counts 1 and 2. The jury found Bernal, Villafuerte, and Cervantes guilty on both counts. The jury was unable to reach a verdict in Santibanez’s case, and the court, having reserved ruling on Santibanez’s motion for judgment of acquittal, granted the motion.*fn3

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