Page:United States v. Delgado (19-20697) (2021) Opinion.pdf/10

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conversation with Roberto Guerra: that he had heard that Delgado “was being investigated by the FBI for selling overpriced firewood … [or] the mesh case.” Hinojosa also told Delgado (according to the testimony of Carlos Guerra) that Hinojosa knew “an investigator on the inside” who had told him that “there [was] an investigation.” Delgado, upon receiving this news, “was very defiant” and “angry.” He acknowledged having previously seen the blog post speculating about an investigation but dismissed it as “a bunch of BS.”

On January 29, 2018, Roberto Guerra appeared in court before Delgado on behalf of a client. After the hearing, Delgado requested that Guerra accompany Delgado to his chambers. There, Delgado explained to Guerra that he had heard from Hinojosa that there was an investigation into Delgado for something involving the “sale of wood.” Guerra was apparently taken aback—he “just froze”—and then told Delgado that he “had no idea” what those rumors meant before quickly exiting his chambers.

Later that same day, during the evening of January 29, 2018, Delgado sent Perez a text message regarding the January 17, 2018, $5,500 cash payment. The text message read:

Good evening, please call me. The campaign contribution needs to be by check. I need to return that to you so you can write a check. Sorry about the confusion, I thought you knew and I did not open the envelope till today.

Four days later, the FBI arrested Delgado. The FBI searched Delgado’s judicial chambers and discovered the post-it note that Perez gave to Delgado with his name and Jose Garza’s name and case number.

Delgado’s trial lasted six days and the Government presented six witnesses: Noe Perez, Roberto Guerra, Juan Hinojosa, Carlos Guerra, Edylfonso Montano, and FBI Special Agent David Roncska. Perez was the

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