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United States v. Cortés-Cabán - 691 F.3d 1 (1st Cir. 2012)


A conspiracy pursuant to 18 U.S.C.S. § 241 exists where two or more persons conspire to injure, oppress, threaten, or intimidate any person in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States. 18 U.S.C.S. § 241. Thus, to convict for such a conspiracy, the government must establish that defendants 1) conspired to injure, oppress, threaten, or intimidate one or more of the victims, 2) with the intent to interfere with the victim's due process rights, 3) under color of state law. Additionally, because the normal rules for proving a conspiracy apply, the government must show that (1) a conspiracy existed, (2) the defendants had knowledge of the conspiracy, and (3) the defendants voluntarily participated in the conspiracy. Direct or circumstantial evidence will suffice to establish each of these elements. An alleged conspirator's agreement to participate in a conspiracy need not be express. Moreover, each coconspirator need not know of or have contact with all other members, nor must they know all of the details of the conspiracy or participate in every act in furtherance of it. 


Defendants appealed from the U.S. District Court for the District of Puerto Rico, where they were all convicted of conspiring to injure, oppress, threaten, and intimidate persons in the free exercise or enjoyment of their constitutional rights in violation of 18 U.S.C.S. § 241. Three defendants were also convicted of conspiring to possess with intent to distribute controlled substances in violation of 21 U.S.C.S. §§ 841(a)(1) and 846. Defendants asserted that the government failed to present sufficient evidence showing a violation of either 18 U.S.C.S. § 241 or 21 U.S.C.S. §§ 841(a)(1) and 846. Defendants--who were police officers--were convicted of fabricating criminal cases against citizens through the planting of controlled substances, leading to wrongful arrests based on the fabricated evidence. 


Did the government fail to present sufficient evidence showing defendants’ respective involvement in or agreement to join the § 241 conspiracy, or any specific intent on each of their parts to so violate citizens' rights?




The convictions were affirmed.The court ruled that the evidence was sufficient to support the convictions under 18 U.S.C.S. § 241. Three cooperating co-conspirators testified, each providing a detailed overview of the division's practice of fabricating cases by planting evidence and falsifying arrest reports. They repeatedly identified active participants, which included defendants, and confirmed one another's respective testimonies. The government also introduced a series of audio and video recordings that corroborated the witnesses' testimonies. As to the second count, the court discussed the meaning of "distribution" within the meaning of 21 U.S.C.S. § 841(a)(1), and, given the meaning of that term, determined that the conspirators had the requisite specific intent to distribute.

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